Bills to end qualified immunity and no-knock raids advance in Virginia House

Published August 28, 2020 1:03pm ET



A series of criminal justice reform bills, including an end to qualified immunity for police and a prohibition on no-knock raids, have advanced through a Virginia House committee.

Legislation to end qualified immunity would allow a person to sue a police officer and be awarded relief and damages if the officer deprived the person of his or her rights. Qualified immunity, which is the law in Virginia, grants officers immunity from such lawsuits unless a person proves the officer violated a clearly established right that a reasonable person would be aware of.

House Bill 5013, which was sponsored by Del. Jeff Bourne, D-Richmond, advanced through the Courts of Justice Committee on Wednesday with a 12-9 vote. The legislation has overwhelming opposition from Republicans. Senate Democrats have opted not to take up similar legislation in their chamber.

A bill to ban no-knock raids also advanced through the Courts of Justice Committee on Wednesday with a 14-7 vote. House Bill 5099, sponsored by Del. Lashrecse Aird, D-Petersburg, would require police to clearly provide notice of their identity, their authority and their purpose before executing a search warrant.

“The very nature of surprise … often late at night or early in the morning heightens the risk of violence,” Aird told the committee.

With Virginia seeing a rise in gun ownership, Aird said no-knock raids do not only create a greater risk for the person inside during a raid, but also the officer conducting it. She said the risks of these raids outweigh the benefits.

The committee also advanced legislation that would require an officer to intervene if another officer is unlawfully using force and would require officers to render aid to people in need and report officers who do not.