Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
13 KiB
type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags
| type | title | description | jurisdiction | legislature | session | identifier | citation | classification | subjects | status | primary_sponsors | version_count | action_count | vote_count | first_action | last_action | source | source_identifier | source_url | source_hash | vintage | source_snapshot | retrieved_at | confidence | tags | |||||
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| Bill | Law-enforcement and jail officers; various changes to provisions related to decertification. | Decertification of law-enforcement officers and jail officers. Makes various changes to the provisions related to decertification of law-enforcement officers and jail officers. The bill provides that the Department of Criminal Justice Services, rather than the Criminal Justice Services Board as provided under current law, shall oversee decertification proceedings, including receiving notice of an event requiring decertification from the sheriff, chief of police, or agency administrator or their designee, immediately decertifying a law-enforcement officer or jail officer upon receiving such notice, and initiating a review of the decertification upon request by the decertified officer. The bill specifies that the Department shall initiate such a review of the decertification in accordance with the provisions of the Administrative Process Act. The bill provides that the findings and decision of the Department may be appealed to the Board and that the final administrative decision of the Board may be then appealed and reviewed by a court. The bill also allows the Department to grant a continuance of any informal fact-finding conference or formal hearing upon motion by the decertified officer or his counsel or the Attorney General for good cause shown. The bill specifies when the Department is permitted or required to continue any informal fact-finding conference or formal hearing under different circumstances involving pending criminal charges or pending appeals. The bill requires an officer to remain decertified during a period of continuance of any informal fact-finding conference or formal hearing for a pending criminal charge unless the Department finds the officer's continued decertification may cause circumstances that constitute a manifest injustice to the officer, in which case the officer's certification may be reinstated during the period of continuance until the conviction becomes final. Current law allows the Board, when an officer's conviction has not become final, to decline to decertify such officer after considering the likelihood of irreparable damage to the officer if such officer is decertified during the pendency of an ultimately successful appeal, the likelihood of injury or damage to the public if the officer is not decertified, and the seriousness of the offense. Additionally, the bill allows decertification of an officer who is terminated or resigns for an act committed while in the performance of his duties that compromises an officer's credibility, integrity, or honesty or that constitutes exculpatory or impeachment evidence in a criminal case. Current law allows decertification of an officer who is terminated or resigns for an act committed while in the performance of his duties that compromises an officer's credibility, integrity, honesty, or other characteristics that constitute exculpatory or impeachment evidence in a criminal case. The bill also specifies that the required notification to the Department related to an officer being terminated or resigning (i) for engaging in serious misconduct; (ii) while such officer is the subject of a pending internal investigation involving serious misconduct; or (iii) for an act committed while in the performance of his duties that compromises an officer's credibility, integrity, or honesty or constitutes exculpatory or impeachment evidence in a criminal case shall be within 48 hours of completion of an internal investigation. Under current law, such notification is required to be within 48 hours of the termination or resignation. The bill also requires the Department to establish standards and procedures for when the Department may grant a petition for reinstatement of certification of a decertified officer. The bill directs the Department to adopt emergency regulations to implement the provisions of the bill. | us/states/va | Virginia General Assembly | 2024 | SB 88 | Virginia SB 88 (2024) |
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enacted |
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5 | 43 | 9 | 2024-01-01 | 2024-04-04 | openstates | ocd-bill/babffa40-fbc0-40eb-9fc0-1c1f228e3bcd | https://lis.virginia.gov/cgi-bin/legp604.exe?241+sum+SB88 | 7dd58ddad6f730b6612447a1b06c27c23c0582dcd690d551c367eee76c02ae1b | 2026-07-01 | https://data.openstates.org/daily/2026-07-01/public.pgdump | 2026-07-06 | reported |
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Virginia SB 88 (2024) — Law-enforcement and jail officers; various changes to provisions related to decertification.
Decertification of law-enforcement officers and jail officers. Makes various changes to the provisions related to decertification of law-enforcement officers and jail officers. The bill provides that the Department of Criminal Justice Services, rather than the Criminal Justice Services Board as provided under current law, shall oversee decertification proceedings, including receiving notice of an event requiring decertification from the sheriff, chief of police, or agency administrator or their designee, immediately decertifying a law-enforcement officer or jail officer upon receiving such notice, and initiating a review of the decertification upon request by the decertified officer. The bill specifies that the Department shall initiate such a review of the decertification in accordance with the provisions of the Administrative Process Act. The bill provides that the findings and decision of the Department may be appealed to the Board and that the final administrative decision of the Board may be then appealed and reviewed by a court. The bill also allows the Department to grant a continuance of any informal fact-finding conference or formal hearing upon motion by the decertified officer or his counsel or the Attorney General for good cause shown. The bill specifies when the Department is permitted or required to continue any informal fact-finding conference or formal hearing under different circumstances involving pending criminal charges or pending appeals. The bill requires an officer to remain decertified during a period of continuance of any informal fact-finding conference or formal hearing for a pending criminal charge unless the Department finds the officer's continued decertification may cause circumstances that constitute a manifest injustice to the officer, in which case the officer's certification may be reinstated during the period of continuance until the conviction becomes final. Current law allows the Board, when an officer's conviction has not become final, to decline to decertify such officer after considering the likelihood of irreparable damage to the officer if such officer is decertified during the pendency of an ultimately successful appeal, the likelihood of injury or damage to the public if the officer is not decertified, and the seriousness of the offense. Additionally, the bill allows decertification of an officer who is terminated or resigns for an act committed while in the performance of his duties that compromises an officer's credibility, integrity, or honesty or that constitutes exculpatory or impeachment evidence in a criminal case. Current law allows decertification of an officer who is terminated or resigns for an act committed while in the performance of his duties that compromises an officer's credibility, integrity, honesty, or other characteristics that constitute exculpatory or impeachment evidence in a criminal case. The bill also specifies that the required notification to the Department related to an officer being terminated or resigning (i) for engaging in serious misconduct; (ii) while such officer is the subject of a pending internal investigation involving serious misconduct; or (iii) for an act committed while in the performance of his duties that compromises an officer's credibility, integrity, or honesty or constitutes exculpatory or impeachment evidence in a criminal case shall be within 48 hours of completion of an internal investigation. Under current law, such notification is required to be within 48 hours of the termination or resignation. The bill also requires the Department to establish standards and procedures for when the Department may grant a petition for reinstatement of certification of a decertified officer. The bill directs the Department to adopt emergency regulations to implement the provisions of the bill.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
- CHAP0494 (committee substitute) — source
- Committee substitute printed 24106492D-S1 (committee substitute) — source
- Committee substitute printed 24108110D-H1 (committee substitute) — source
- Prefiled and ordered printed; offered 01/10/24 24102026D (committee substitute) — source
- SB88ER (committee substitute) — source
Votes
- Subcommittee recommends reporting with substitute (6-Y 0-N) — 6–0 (pass) · lower
- VOTE: Block Vote Passage (97-Y 0-N) — 96–0 (pass) · lower
- Reported from Courts of Justice with substitute (15-Y 0-N) — 15–0 (pass) · upper
- Passed Senate (40-Y 0-N) — 40–0 (pass) · upper
- House substitute agreed to by Senate (39-Y 0-N) — 39–0 (pass) · upper
- Constitutional reading dispensed (40-Y 0-N) — 40–0 (pass) · upper
- Constitutional reading dispensed (40-Y 0-N) — 40–0 (pass) · upper
- Reported from Public Safety with substitute (21-Y 0-N) — 21–0 (pass) · lower
- Reported from Finance and Appropriations (15-Y 0-N) — 15–0 (pass) · upper
Sponsors
- Mamie E. Locke — primary (person)
Timeline
The legislative action history — every referral, reading, and vote.
- 2024-01-01 Prefiled and ordered printed; offered 01/10/24 24102026D
filing, introduction - 2024-01-01 Referred to Committee for Courts of Justice
referral-committee - 2024-01-10 Moved from Judiciary to Courts of Justice due to a change of the committee name
- 2024-01-23 Impact statement from DPB (SB88)
- 2024-01-31 Senate committee, floor amendments and substitutes offered
- 2024-01-31 Reported from Courts of Justice with substitute (15-Y 0-N)
committee-passage - 2024-01-31 Committee substitute printed 24106492D-S1
substitution - 2024-01-31 Rereferred to Finance and Appropriations
referral-committee - 2024-02-05 Impact statement from DPB (SB88S1)
- 2024-02-07 Reported from Finance and Appropriations (15-Y 0-N)
committee-passage - 2024-02-08 Constitutional reading dispensed (40-Y 0-N)
- 2024-02-09 Read second time
reading-2 - 2024-02-09 Reading of substitute waived
- 2024-02-09 Committee substitute agreed to 24106492D-S1
substitution - 2024-02-09 Engrossed by Senate - committee substitute SB88S1
substitution - 2024-02-09 Constitutional reading dispensed (40-Y 0-N)
- 2024-02-09 Passed Senate (40-Y 0-N)
passage - 2024-02-15 Placed on Calendar
- 2024-02-15 Read first time
reading-1 - 2024-02-15 Referred to Committee on Public Safety
referral-committee - 2024-02-19 Assigned PS sub: Public Safety
referral-committee - 2024-02-22 House subcommittee amendments and substitutes offered
- 2024-02-22 Subcommittee recommends reporting with substitute (6-Y 0-N)
substitution - 2024-02-23 Reported from Public Safety with substitute (21-Y 0-N)
committee-passage - 2024-02-23 Committee substitute printed 24108110D-H1
substitution - 2024-02-23 Impact statement from DPB (SB88H1)
- 2024-02-27 Read second time
reading-2 - 2024-02-28 Read third time
reading-3 - 2024-02-28 Committee substitute agreed to 24108110D-H1
substitution - 2024-02-28 Engrossed by House - committee substitute SB88H1
substitution - 2024-02-28 Passed House with substitute BLOCK VOTE (97-Y 0-N)
passage - 2024-02-28 VOTE: Block Vote Passage (97-Y 0-N)
passage - 2024-03-01 House substitute agreed to by Senate (39-Y 0-N)
substitution - 2024-03-01 Title replaced 24108110D-H1
- 2024-03-06 Enrolled
enrolled - 2024-03-06 Bill text as passed Senate and House (SB88ER)
passage - 2024-03-06 Impact statement from DPB (SB88ER)
- 2024-03-06 Signed by Speaker
passage - 2024-03-07 Signed by President
passage - 2024-03-11 Enrolled Bill Communicated to Governor on March 11, 2024
enrolled - 2024-03-11 Governor's Action Deadline 11:59 p.m., April 8, 2024
executive-receipt - 2024-04-04 Approved by Governor-Chapter 494 (effective 7/1/24)
executive-signature - 2024-04-04 Acts of Assembly Chapter text (CHAP0494)
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/babffa40-fbc0-40eb-9fc0-1c1f228e3bcd. Confidence: reported (aggregated from official Virginia legislature records).