Law-enforcement civilian oversight bodies; localities may establish, duties, effective date.
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SB 5035 — Law-enforcement civilian oversight bodies; localities may establish, duties, effective date.
Last action — Approved by Governor-Chapter 30 (Effective 7/1/21)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced August 14, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
-
Enacted
Current position in the legislative process.
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Mixed recorded votes
9 passed, 1 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
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.
Bill Text
What changed in the latest version
42 added · 40 removedPlain-language change summary
The amendments to SB 5035 expand the definitions and scope of issues addressed by law enforcement civilian oversight bodies. Key updates include new provisions for addressing misconduct and abuse of authority, as well as enhancing protections for employees reporting violations. These changes are important because they aim to strengthen accountability within law enforcement and protect individuals who come forward with concerns about misconduct, ultimately promoting greater transparency and trust in the system.
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SPECIAL SESSION I history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER 30 An Act to amend and reenact §§ 9.1-507 and 15.2-1507 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 6 of Title 9.1 a section numbered 9.1-601, relating to law-enforcement civilian oversight bodies.
[S 5035] Approved October 28, 2020 Be it enacted by the General Assembly of Virginia:
Such disciplinary determinations may include letters of reprimand, suspension without pay, suspension with pay, demotion within the department, reassignment within the department, termination, involuntary restitution, or mediation, any of which is to be implemented by the local government employee with ultimate supervisory authority over officers or employees of law-enforcement agencies serving under the authority of the locality;
View plain text versions (6)
- Acts of Assembly Chapter text (CHAP0030) View text Current html October 28, 2020
- Bill text as passed Senate and House (SB5035ER) View text html October 16, 2020
- SB5035S3 View text html October 14, 2020
- Impact statement from DPB (SB5035H1) View text html September 21, 2020
- Impact statement from DPB (SB5035S2) View text html September 03, 2020
- Impact statement from DPB (SB5035S1) View text html August 20, 2020
Action History
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Approved by Governor-Chapter 30 (Effective 7/1/21)
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Governor's Action Deadline 11:59 p.m., October 28, 2020
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Enrolled Bill Communicated to Governor on October 21, 2020
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Impact statement from DPB (SB5035ER)
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Signed by Speaker
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Signed by President
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Enrolled
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VOTE: Agreed To (53-Y 35-N)
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Conference report agreed to by House (53-Y 35-N)
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Conference report agreed to by Senate (21-Y 17-N)
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Conference substitute printed 20201370D-S3
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Amended by conference committee
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Conferees appointed by House
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Conferees appointed by Senate
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Senate acceded to request (22-Y 14-N)
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House requested conference committee
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House insisted on substitute
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House substitute rejected by Senate (1-Y 37-N)
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VOTE: Adoption (51-Y 46-N)
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Passed House with substitute (51-Y 46-N)
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Engrossed by House - committee substitute SB5035H1
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Committee substitute agreed to 20201228D-H1
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Read third time
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Read second time
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Impact statement from DPB (SB5035H1)
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Committee substitute printed 20201228D-H1
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Reported from Public Safety with substitute (13-Y 9-N)
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Referred to Committee on Public Safety
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Read first time
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Placed on Calendar
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Read third time and passed Senate (20-Y 15-N)
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Engrossed by Senate - committee substitute SB5035S2
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Committee substitute from Finance and Appropriations agreed to 20201005D-S2
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Committee substitute from Judiciary rejected 20200902D-S1s4410
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Read second time
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Constitutional reading dispensed (37-Y 0-N)
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Impact statement from DPB (SB5035S2)
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Committee substitute printed 20201005D-S2
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Reported from Finance and Appropriations with substitute (11-Y 5-N)
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Senate committee, floor amendments and substitutes offered
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Impact statement from DPB (SB5035S1)
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Rereferred to Finance and Appropriations
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Committee substitute printed 20200879D-S1
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Reported from Judiciary with substitute (8-Y 6-N)
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Senate committee, floor amendments and substitutes offered
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Referred to Committee on the Judiciary
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Prefiled and ordered printed; offered 08/18/20 20200588D
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 0 co-sponsors · 148 not signed on · 68 voted No
Sponsors (0)
None.
Co-sponsors (0)
None.
Not signed on (148)
148 members have not signed on to this bill.
Show all 148 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 35 | 0 | 11 |
| Total | 52 | 35 | 0 | 11 |
| % of votes cast | 53% | 36% | 0% | 11% |
How each member voted (98)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 17 | 0 | 2 |
| Total | 21 | 17 | 0 | 2 |
| % of votes cast | 53% | 43% | 0% | 5% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 14 | 0 | 4 |
| Total | 22 | 14 | 0 | 4 |
| % of votes cast | 55% | 35% | 0% | 10% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 1 | 37 | 0 | 2 |
| Total | 1 | 37 | 0 | 2 |
| % of votes cast | 3% | 93% | 0% | 5% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Nay |
| Bell, John J. | — | Nay |
| Chafin, A. Benton "Ben" | — | Nay |
| Chase, Amanda F. | — | Nay |
| Cosgrove, John A., Jr. | — | Nay |
| Dunnavant, Siobhan S. | — | Nay |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Nay |
| Howell, Janet D. | — | Nay |
| Kiggans, Jennifer A. | — | Nay |
| Lewis, Lynwood W., Jr. | — | Nay |
| Mason, T. Montgomery "Monty" | — | Nay |
| McClellan, Jennifer L. | — | Nay |
| Morrissey, Joseph D. | — | Nay |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| Petersen, J. Chapman | — | Nay |
| Ruff, Frank M., Jr. | — | Nay |
| Saslaw, Richard L. | — | Nay |
| Spruill, Lionell, Sr. | — | Nay |
| Vogel, Jill Holtzman | — | Nay |
| Adam P. Ebbin | — | Nay |
| Barbara A. Favola | — | Nay |
| Bill DeSteph | — | Nay |
| Bryce E. Reeves | — | Not Voting |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Nay |
| Ghazala F. Hashmi | — | Nay |
| Jennifer B. Boysko | — | Nay |
| Jeremy S. McPike | — | Nay |
| L. Louise Lucas | — | Nay |
| Mamie E. Locke | — | Nay |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Nay |
| R. Creigh Deeds | — | Nay |
| Richard H. Stuart | — | Nay |
| Ryan T. McDougle | — | Nay |
| Scott A. Surovell | — | Nay |
| Todd E. Pillion | — | Not Voting |
| William M. Stanley, Jr. | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 50 | 46 | 0 | 2 |
| Total | 50 | 46 | 0 | 2 |
| % of votes cast | 51% | 47% | 0% | 2% |
How each member voted (98)
| Member | Party | Vote |
|---|---|---|
| Avoli, G. "John" | — | Nay |
| Ayala, Hala S. | — | Yea |
| Batten, Amanda E. | — | Nay |
| Bell, Robert B. | — | Nay |
| Bourne, Jeffrey M. | — | Not Voting |
| Brewer, Emily M. | — | Nay |
| Byron, Kathy J. | — | Nay |
| Campbell, Jeffrey L. | — | Nay |
| Campbell, Ronnie R. | — | Nay |
| Carter, Lee J. | — | Yea |
| Cole, Mark L. | — | Nay |
| Cox, M. Kirkland | — | Nay |
| Coyner, Carrie E. | — | Nay |
| Edmunds, James E., II | — | Nay |
| Fariss, C. Matthew | — | Nay |
| Freitas, Nicholas J. | — | Nay |
| Gilbert, C. Todd | — | Nay |
| Gooditis, Wendy W. | — | Yea |
| Guy, Nancy D. | — | Yea |
| Heretick, Steve E. | — | Nay |
| Hudson, Sally L. | — | Yea |
| Hurst, Chris L. | — | Yea |
| Jenkins, Clinton L. | — | Yea |
| Jones, Jerrauld C. "Jay" | — | Yea |
| Keam, Mark L. | — | Yea |
| Kory, Kaye | — | Yea |
| LaRock, Dave A. | — | Nay |
| Levine, Mark H. | — | Yea |
| Lindsey, Joseph C. | — | Yea |
| Marshall, Daniel W., III | — | Nay |
| Miyares, Jason S. | — | Nay |
| Mugler, Martha M. | — | Yea |
| Mullin, Michael P. | — | Yea |
| Murphy, Kathleen | — | Yea |
| Orrock, Robert D., Sr. | — | Nay |
| Plum, Kenneth R. | — | Yea |
| Poindexter, Charles D. | — | Nay |
| Ransone, Margaret B. | — | Nay |
| Robinson, Roxann L. | — | Nay |
| Rush, Nick | — | Nay |
| Samirah, Ibraheem S. | — | Yea |
| Subramanyam, Suhas | — | Yea |
| Tyler, Roslyn C. | — | Nay |
| Wampler, William C., III | — | Nay |
| Alex Q. Askew | — | Yea |
| Alfonso H. Lopez | — | Yea |
| Barry D. Knight | — | Nay |
| Betsy B. Carr | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Charniele L. Herring | — | Yea |
| Chris S. Runion | — | Nay |
| Christopher T. Head | — | Nay |
| Dan I. Helmer | — | Yea |
| Danica A. Roem | — | Yea |
| David A. Reid | — | Yea |
| David L. Bulova | — | Yea |
| Delores L. McQuinn | — | Yea |
| Don Scott | — | Yea |
| Elizabeth R. Guzman | — | Yea |
| Garrett McGuire | — | Nay |
| Hyland F. "Buddy" Fowler, Jr. | — | Nay |
| Israel D. O'Quinn | — | Nay |
| James A. "Jay" Leftwich | — | Nay |
| James W. Morefield | — | Nay |
| Jeion A. Ward | — | Yea |
| Jennifer D. Carroll Foy | — | Yea |
| Joseph P. McNamara | — | Nay |
| Joshua G. Cole | — | Yea |
| Karrie K. Delaney | — | Yea |
| Kathy K.L. Tran | — | Yea |
| Kelly K. Convirs-Fowler | — | Yea |
| Kimberly Pope Adams | — | Yea |
| Kimberly Pope Adams | — | Nay |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Luke E. Torian | — | Yea |
| M. Keith Hodges | — | Nay |
| Marcia S. "Cia" Price | — | Yea |
| Marcus B. Simon | — | Yea |
| Mark D. Sickles | — | Yea |
| Michael J. Webert | — | Nay |
| Patrick A. Hope | — | Yea |
| Paul E. Krizek | — | Yea |
| R. Lee Ware | — | Nay |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Robert S. Bloxom, Jr. | — | Nay |
| Rodney T. Willett | — | Yea |
| Sam Rasoul | — | Yea |
| Schuyler T. VanValkenburg | — | Not Voting |
| Scott A. Wyatt | — | Nay |
| Shelly A. Simonds | — | Yea |
| Terry G. Kilgore | — | Nay |
| Terry L. Austin | — | Nay |
| Thomas C. Wright, Jr. | — | Nay |
| Tony O. Wilt | — | Nay |
| Vivian E. Watts | — | Yea |
| Wendell S. Walker | — | Nay |
| Will Davis | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 9 | 0 | 0 |
| Total | 13 | 9 | 0 | 0 |
| % of votes cast | 59% | 41% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Bourne, Jeffrey M. | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Kory, Kaye | — | Yea |
| Levine, Mark H. | — | Yea |
| Jenkins, Clinton L. | — | Yea |
| Robinson, Roxann L. | — | Nay |
| Fariss, C. Matthew | — | Nay |
| Rush, Nick | — | Nay |
| Campbell, Ronnie R. | — | Nay |
| Coyner, Carrie E. | — | Nay |
| Batten, Amanda E. | — | Nay |
| Alfonso H. Lopez | — | Yea |
| Dan I. Helmer | — | Yea |
| Jennifer D. Carroll Foy | — | Yea |
| Joshua G. Cole | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Patrick A. Hope | — | Yea |
| Sam Rasoul | — | Yea |
| Shelly A. Simonds | — | Yea |
| Thomas C. Wright, Jr. | — | Nay |
| Tony O. Wilt | — | Nay |
| Will Davis | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 15 | 0 | 5 |
| Total | 20 | 15 | 0 | 5 |
| % of votes cast | 50% | 38% | 0% | 13% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Chafin, A. Benton "Ben" | — | Not Voting |
| Chase, Amanda F. | — | Nay |
| Cosgrove, John A., Jr. | — | Nay |
| Dunnavant, Siobhan S. | — | Nay |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Nay |
| Howell, Janet D. | — | Yea |
| Kiggans, Jennifer A. | — | Nay |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| Petersen, J. Chapman | — | Yea |
| Ruff, Frank M., Jr. | — | Nay |
| Saslaw, Richard L. | — | Yea |
| Spruill, Lionell, Sr. | — | Yea |
| Vogel, Jill Holtzman | — | Not Voting |
| Adam P. Ebbin | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Nay |
| Bryce E. Reeves | — | Not Voting |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Yea |
| Ghazala F. Hashmi | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Not Voting |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Nay |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Ryan T. McDougle | — | Nay |
| Scott A. Surovell | — | Yea |
| Todd E. Pillion | — | Not Voting |
| William M. Stanley, Jr. | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 0 | 0 | 3 |
| Total | 37 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 8% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Chafin, A. Benton "Ben" | — | Yea |
| Chase, Amanda F. | — | Yea |
| Cosgrove, John A., Jr. | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| Kiggans, Jennifer A. | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Not Voting |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Spruill, Lionell, Sr. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Adam P. Ebbin | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Not Voting |
| Bryce E. Reeves | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ghazala F. Hashmi | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Ryan T. McDougle | — | Yea |
| Scott A. Surovell | — | Yea |
| Todd E. Pillion | — | Not Voting |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 5 | 0 | 0 |
| Total | 11 | 5 | 0 | 0 |
| % of votes cast | 69% | 31% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| Howell, Janet D. | — | Yea |
| Norment, Thomas K., Jr. | — | Nay |
| Saslaw, Richard L. | — | Yea |
| Edwards, John S. | — | Yea |
| Newman, Stephen D. | — | Nay |
| Hanger, Emmett W., Jr. | — | Nay |
| Ruff, Frank M., Jr. | — | Nay |
| Barker, George L. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| Vogel, Jill Holtzman | — | Nay |
| McClellan, Jennifer L. | — | Yea |
| Adam P. Ebbin | — | Yea |
| David W. Marsden | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| R. Creigh Deeds | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 6 | 0 | 1 |
| Total | 8 | 6 | 0 | 1 |
| % of votes cast | 53% | 40% | 0% | 7% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Edwards, John S. | — | Yea |
| Norment, Thomas K., Jr. | — | Nay |
| Saslaw, Richard L. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| Chafin, A. Benton "Ben" | — | Nay |
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Not Voting |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Nay |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Ryan T. McDougle | — | Nay |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Nay |
Subjects
Frequently asked questions
- What does SB 5035 do?
- 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.
- What is the current status of SB 5035?
- This bill has been enacted into law. Introduced August 14, 2020. Enacted.
- Where can I track SB 5035?
- Track SB 5035 free on One Click Politics — get push/email alerts when it moves.
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