HB 2289 — Elected and certain appointed officers; procedure for removal by courts.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E663 An Act to amend and reenact §§ 24.2-233, as it is currently effective and as it shall become effective, and 24.2-235 through 24.2-238 of the Code of Virginia, relating to procedure for removal of elected and certain appointed officers by courts.

of Virginia, relating to procedure for removal of Rlected O [H 2289] L Approved LMarch 26, 2023 Be it enacted by the General Assembly of Virginia:

E 1.

That §§ 24.2-233, as it is currently effective and as it shall become effective, and 24.2-23D thr§ 24.2-233.

(Effective until January 1, 2024) Removal of elected and certain appointed officers by courts.

Upon petition, a circuit court may remove from office any elected officer or officer who has been appointed to fill an elective office, residing within the jurisdiction of the court:

That §§ 24.2-233, as it is currently effective and as it shall become effective, and 24.2-235 through 24.2-238 of the Code of Virginia are amended and reenacted as follows:

§ 24.2-233.

(Effective until January 1, 2024) Removal of elected and certain appointed officers by courts.

Upon petition, a circuit court may remove from office any elected officer or officer who has been app1.

H 2.

Upon conviction of a misdemeanor pursuant to Article 1 (§ 18.2-247 et seq.) or Article 1.21.1 the:8.2-265.1(§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and after all rights of appeal have terminate8terminated involving a.the:

a.

R b.

Upon conviction, and after all rights of appeal have terminated, of a misdemeanor involving a "hate crime" as that term is defined in § 52-8.5 when the conviction has a material adverse effect upon the conduct of such office;

orefinedor in § 52-8.5 when the conviction has a material adverse effect upon 4.

The petition must be signed by a number of registered voters who reside within the jurisdiction of the officer holds.toequal to ten 10 percent of the total number of votes cast at the last election for the office that Any person removed from office under the provisionsofficer ofholds. subdivision 2, 3, or 4 may not be subsequently subject to the provisions of this section for the same criminal offense.

Any person removed from office under the provisions of subdivision 2, 3, or 4 may not be subsequently subject to the provisions of this section for the same criminal offense.

For neglect of a clear, ministerial duty of the office, misuse of the office, or incompetence in the performance of the duties of the office when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office;

incompetence in 2.

or materialc. adverse effect upon the conduct of such office;nviction under subdivision a, b, or c has a 3.

UponPossession conviction, and after all rights of appealany havecontrolled terminated,substance ofand asuch misdemeanorconviction involvingunder asubdivision ofa, 3b, "hateor crime"c as that term is defined in § 52-8.5 when the conviction has a material adverse effect upon the conduct of such office;

or3. 4.

Upon conviction, and after all rights of appeal have terminated, of a misdemeanor involving a "hate crime" as that term is defined in § 52-8.5 when the conviction has a material adverse effect upon the conduct of such office;

or of 3 4.

If upon trial it is determined by clear and convincing evidence that removal ofofthe the officer is subject to removal warranted under the provisions of § 24.2-233, he the officer shall be removed from office.

of 3 During the suspension, the court may appoint some suitable person to act in the officer's place.

The officer's compensation shall be withheld and kept in a separate account and paid to him if and Ehenwhen the judicial proceedings result in his favor.

Otherwise, it shall be paid back to the county, city,Ntown,city, town, or Sta§State 24.2-237.Treasurer who paid it.

§ 24.2-237.

of 3 The attorney for the Commonwealth shall represent the Commonwealth in any trial all proceedings under this article.

If the proceeding is against the attorney for the Commonwealth, the court sOallshall appoint an attorney to represent the Commonwealth.

The Commonwealth and the officer shall be thL The Commonwealth and the defendantonly officerparties shall each have the right to appeal to the Courtaction. ofal by jury.

AppealsAny uponofficer theproceeded recordagainst madeshall inhave the trialright courtto anddemand thea Courttrial ofby Appealsjury. shall consider and determine such cases.

EThe §Commonwealth 24.2-238.and the defendant officer shall each have the right to appeal to the Court of Appeals upon the record made in the trial court and the Court of Appeals shall consider and determine such cases.

§ 24.2-238.

DA. in its discretion may require the state agency or political subdivision which that the respondent officerurt serves to pay court costs or reasonable attorney fees, or both, for the respondent officer.

If a judicial proceeding under this article is dismissed in favor of the respondent officer, the court in its discretion may require the state agency or political subdivision which that the respondentofficer serves to pay court costs or reasonable attorney fees, or both, for the respondent officer.

No person who signs a petition for the removal of an official pursuant to § 24.2-233 or who circulates such a petition (i) shall be liable for any costs associated with removal proceedings conducted havepursuant sanctionsto imposedthe againstpetition, himincluding pursuantattorney tofees §incurred 8.01-271.1.yby any other party or court costs, or (ii) shall Hhave 8sanctions Eimposed Ragainst him pursuant to § 8.01-271.1.