5a13be122b
Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
114 lines
10 KiB
Markdown
114 lines
10 KiB
Markdown
---
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type: "Bill"
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title: "Law-enforcement civilian oversight bodies; localities may establish, duties, effective date."
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description: "Law-enforcement civilian oversight bodies. Authorizes a locality to establish a law-enforcement civilian oversight body that may (i) receive, investigate, and issue findings on complaints from civilians regarding conduct of law-enforcement officers and civilian employees; (ii) investigate and issue findings on incidents, including the use of force by a law-enforcement officer, death or serious injury to any person held in custody, serious abuse of authority or misconduct, allegedly discriminatory stops, and other incidents regarding the conduct of law-enforcement officers or civilian employees; (iii) make binding disciplinary determinations in cases that involve serious breaches of departmental and professional standards; (iv) investigate policies, practices, and procedures of law-enforcement agencies and make recommendations regarding changes to such policies, practices, and procedures; (v) review all investigations conducted internally by law-enforcement agencies and issue findings regarding the accuracy, completeness, and impartiality of such investigations and the sufficiency of any discipline resulting from such investigations; (vi) request reports of the annual expenditures of law-enforcement agencies and make budgetary recommendations; (vii) make public reports on the activities of the law-enforcement civilian oversight body; and (viii) undertake any other duties as reasonably necessary for the law-enforcement civilian oversight body to effectuate its lawful purpose to effectively oversee the law-enforcement agencies as authorized by the locality. Such oversight bodies are not authorized to oversee sheriff's departments. The bill provides that a law-enforcement officer who is subject to a binding disciplinary determination may file a grievance requesting a final hearing pursuant to the locality's local grievance procedures. The bill also provides that a retired law-enforcement officer may serve on such law-enforcement civilian oversight body as an advisory, nonvoting ex officio member. The bill has a delayed effective date of July 1, 2021, and is identical to HB 5055."
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jurisdiction: "us/states/va"
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legislature: "Virginia General Assembly"
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session: "2020specialI"
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identifier: "SB 5035"
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citation: "Virginia SB 5035 (2020specialI)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: []
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version_count: 6
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action_count: 47
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vote_count: 10
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first_action: "2020-08-14"
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last_action: "2020-10-28"
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source: "openstates"
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source_identifier: "ocd-bill/49231dcb-8844-44b7-867e-a3265498d8d5"
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source_url: "https://lis.virginia.gov/cgi-bin/legp604.exe?202+sum+SB5035"
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source_hash: "1573151b1160fda903c494942eb268656f461702c0f03236a0b989b50cc34fb1"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-va"]
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---
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# Virginia SB 5035 (2020specialI) — Law-enforcement civilian oversight bodies; localities may establish, duties, effective date.
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Law-enforcement civilian oversight bodies. Authorizes a locality to establish a law-enforcement civilian oversight body that may (i) receive, investigate, and issue findings on complaints from civilians regarding conduct of law-enforcement officers and civilian employees; (ii) investigate and issue findings on incidents, including the use of force by a law-enforcement officer, death or serious injury to any person held in custody, serious abuse of authority or misconduct, allegedly discriminatory stops, and other incidents regarding the conduct of law-enforcement officers or civilian employees; (iii) make binding disciplinary determinations in cases that involve serious breaches of departmental and professional standards; (iv) investigate policies, practices, and procedures of law-enforcement agencies and make recommendations regarding changes to such policies, practices, and procedures; (v) review all investigations conducted internally by law-enforcement agencies and issue findings regarding the accuracy, completeness, and impartiality of such investigations and the sufficiency of any discipline resulting from such investigations; (vi) request reports of the annual expenditures of law-enforcement agencies and make budgetary recommendations; (vii) make public reports on the activities of the law-enforcement civilian oversight body; and (viii) undertake any other duties as reasonably necessary for the law-enforcement civilian oversight body to effectuate its lawful purpose to effectively oversee the law-enforcement agencies as authorized by the locality. Such oversight bodies are not authorized to oversee sheriff's departments. The bill provides that a law-enforcement officer who is subject to a binding disciplinary determination may file a grievance requesting a final hearing pursuant to the locality's local grievance procedures. The bill also provides that a retired law-enforcement officer may serve on such law-enforcement civilian oversight body as an advisory, nonvoting ex officio member. The bill has a delayed effective date of July 1, 2021, and is identical to HB 5055.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Acts of Assembly Chapter text (CHAP0030)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+CHAP0030)
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2. **Bill text as passed Senate and House (SB5035ER)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5035ER)
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3. **Impact statement from DPB (SB5035H1)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5035H1)
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4. **Impact statement from DPB (SB5035S1)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5035S1)
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5. **Impact statement from DPB (SB5035S2)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5035S2)
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6. **SB5035S3** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5035S3)
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## Votes
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- Reported from Judiciary with substitute (8-Y 6-N) — **8–6** (pass) · upper
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- Reported from Public Safety with substitute (13-Y 9-N) — **13–9** (pass) · lower
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- Constitutional reading dispensed (37-Y 0-N) — **37–0** (pass) · upper
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- Conference report agreed to by Senate (21-Y 17-N) — **21–17** (pass) · upper
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- Senate acceded to request (22-Y 14-N) — **22–14** (pass) · upper
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- VOTE: Adoption (51-Y 46-N) — **50–46** (pass) · lower
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- Read third time and passed Senate (20-Y 15-N) — **20–15** (pass) · upper
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- House substitute rejected by Senate (1-Y 37-N) — **1–37** (fail) · upper
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- Reported from Finance and Appropriations with substitute (11-Y 5-N) — **11–5** (pass) · upper
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- VOTE: Agreed To (53-Y 35-N) — **52–35** (pass) · lower
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2020-08-14** Prefiled and ordered printed; offered 08/18/20 20200588D `introduction`
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- **2020-08-14** Referred to Committee on the Judiciary `referral-committee`
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- **2020-08-20** Senate committee, floor amendments and substitutes offered
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- **2020-08-20** Reported from Judiciary with substitute (8-Y 6-N) `committee-passage`
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- **2020-08-20** Committee substitute printed 20200879D-S1 `substitution`
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- **2020-08-20** Rereferred to Finance and Appropriations `referral-committee`
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- **2020-08-21** Impact statement from DPB (SB5035S1)
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- **2020-09-03** Senate committee, floor amendments and substitutes offered
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- **2020-09-03** Reported from Finance and Appropriations with substitute (11-Y 5-N) `committee-passage`
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- **2020-09-03** Committee substitute printed 20201005D-S2 `substitution`
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- **2020-09-03** Impact statement from DPB (SB5035S2)
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- **2020-09-04** Constitutional reading dispensed (37-Y 0-N)
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- **2020-09-10** Read second time `reading-2`
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- **2020-09-10** Committee substitute from Judiciary rejected 20200902D-S1s4410
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- **2020-09-10** Committee substitute from Finance and Appropriations agreed to 20201005D-S2
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- **2020-09-10** Engrossed by Senate - committee substitute SB5035S2
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- **2020-09-15** Read third time and passed Senate (20-Y 15-N) `passage, reading-3`
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- **2020-09-17** Placed on Calendar
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- **2020-09-17** Read first time `reading-1`
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- **2020-09-17** Referred to Committee on Public Safety `referral-committee`
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- **2020-09-21** Reported from Public Safety with substitute (13-Y 9-N) `committee-passage`
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- **2020-09-21** Committee substitute printed 20201228D-H1 `substitution`
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- **2020-09-23** Impact statement from DPB (SB5035H1)
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- **2020-09-24** Read second time `reading-2`
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- **2020-09-25** Read third time `reading-3`
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- **2020-09-25** Committee substitute agreed to 20201228D-H1
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- **2020-09-25** Engrossed by House - committee substitute SB5035H1
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- **2020-09-25** Passed House with substitute (51-Y 46-N) `passage`
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- **2020-09-25** VOTE: Adoption (51-Y 46-N)
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- **2020-10-02** House substitute rejected by Senate (1-Y 37-N)
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- **2020-10-07** House insisted on substitute
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- **2020-10-07** House requested conference committee
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- **2020-10-07** Senate acceded to request (22-Y 14-N)
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- **2020-10-07** Conferees appointed by Senate
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- **2020-10-07** Conferees appointed by House
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- **2020-10-14** Amended by conference committee
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- **2020-10-14** Conference substitute printed 20201370D-S3
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- **2020-10-14** Conference report agreed to by Senate (21-Y 17-N)
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- **2020-10-14** Conference report agreed to by House (53-Y 35-N)
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- **2020-10-14** VOTE: Agreed To (53-Y 35-N)
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- **2020-10-16** Enrolled
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- **2020-10-16** Signed by President
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- **2020-10-16** Signed by Speaker
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- **2020-10-19** Impact statement from DPB (SB5035ER)
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- **2020-10-21** Enrolled Bill Communicated to Governor on October 21, 2020
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- **2020-10-21** Governor's Action Deadline 11:59 p.m., October 28, 2020
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- **2020-10-28** Approved by Governor-Chapter 30 (Effective 7/1/21) `executive-signature`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/49231dcb-8844-44b7-867e-a3265498d8d5`. Confidence: reported (aggregated from official Virginia legislature records).
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