Several policing reforms have advanced through Virginia Senate committees during the first week of a legislative special session, including a ban on no-knock warrants, an expansion of the decertification process and permission for localities to establish stronger citizen review boards of police departments.
The reforms, which advanced through the Judiciary Committee on Thursday and Tuesday, received substantial support from Democrats. Republicans supported some of the agenda, but voted against most of it.
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Senate Bill 5030, sponsored by Sen. Mamie Locke, D-Hampton, was the most comprehensive legislation and accounted for several reforms. Most notably, the legislation would ban the use of no-knock warrants and partially defund police departments that are believed to engage in biased policing.
Under this bill, an officer would need to announce his authority and his purpose before executing a search warrant. All search warrants would have to be executed during daytime unless law enforcement officers can demonstrate good reason it should be conducted at night and receive approval from a judge. A magistrate would not have the authority to approve nighttime warrants.
The bill would require police departments to collect demographic data for all investigatory stops, including vehicle and pedestrian stops, and report the data to the Department of State Police. If a locality refused to report the information or refused to correct biased policing if it is found, it will be ineligible for 599 funding, which is state money granted to local police departments.
SB 5030 also would expand Virginia’s decertification process, which is a proposal that has received broad bipartisan support. Current law limits decertification to a small set of violations, which includes a felony conviction, a misdemeanor sex offense or domestic assault, refusing to submit to or failing a drug test or failing to comply with training requirements. The bill would expand decertification to include any serious misconduct as defined by statewide professional standards of conduct, which has yet to be adopted.
An officer who engages in sex with a person in custody would be guilty of a Class 6 felony under this proposal. It also received bipartisan support. The bill also would require more training on de-escalation and use of force, which received bipartisan support.
Although Republicans backed some of the reforms in the bill, the entirety of the bill failed to receive Republican support. The bill advanced through the committee, 9-5, with all Democrats supporting the bill, five Republicans opposing it and one Republican abstaining.
Legislation to give localities the authority to create citizen review boards advanced along party lines. Senate Bill 5035, sponsored by Sen. Ghazala Hashmi, D-Richmond, would let local governments establish boards that have subpoena power and can make binding disciplinary decisions when there is a serious breach of department and professional standards.
A bill that would prohibit the use of neck restraints by police officers statewide also advanced through the committee with unanimous support. Senate Bill 5002, sponsored by Sen. Tommy Norment, R-Williamsburg, would provide that violation of this prohibition is grounds for dismissal in addition to any other penalty proscribed by law.
Legislation to provide the Department of Criminal Justice Services with oversight power over academies, including providing minimum standards and performance objectives, also passed unanimously. Senate Bill 5005 also was sponsored by Norment.
Senate Bill 5014, which would require all police receive minimum training standards for crisis intervention also passed unanimously. Senate Bill 5084, which would require police departments to have a mental health awareness response and community understanding services (Marcus) alert system, also passed unanimously. The bill also would require all police officers to receive training in dealing with situations regarding mental health.
SB 5014 was sponsored by Sen. John Edwards, D-Roanoke, and SB 5084 was sponsored by Sen. Jennifer McClellan, D-Richmond.
