HB 776 — Law-enforcement officers; minimum qualifications, citizenship, waiver.

SESSION INTRODUCEDENROLLED 24102761DVIRGINIA IACTS HOUSEOF BILLASSEMBLY NO.–– CHAPTER E An Act to amend and reenact § 15.2-1705 of the Code of Virginia, relating to minimum qualifications for law-enforcement officers;

776 Offered January 10, 2024 N Prefiled January 9, 2024 T A Bfor law-enforcement officers;

waiver.fwaiver. Virginia, relating to minimum qualificatRons –––––––––– Patrons––Herring, Carr and Henson O –––––––––– D Referred to Committee on Public Safety –––––––––– U Be it enacted by the General Assembly of Virginia:

CR 1.O [H 776] Approved L L Be it enacted by the General Assembly of Virginia:

1.

A.E § 15.2-1705.

TheMinimum chiefqualifications; of police and all police officers of any locality, all deputy sheriffs and jail officers in the Commonwealth, and all law-enforcement officers as defined in § 9.1-101 who enter upon the duties of such office after July 1, 1994, are required to meet the following minimum qualifications for office.

waiver.

D the Commonwealth, and all law-enforcement officers as defined in § 9.1-101 who enter upon the dutiescers in of such office after July 1, 1994, are required to meet the following minimum qualifications for office.

(ii) be required to undergo a background investigation including fingerprint-based criminal history records inquiries to both the Central Criminal Records Exchange and the Federal Bureau of Investigation;InvestigationH (iii) have a high school education or have passed a high school equivalency examination approved by t7e motor vehicle;

(iii)(v) Boardundergo a physical examination, subsequent to a conditional offer of Education;employment,erate a conducted under the supervision of a licensed physician;

(iv) possess a valid driver's license if required by the duties of office to operate a motor vehicle;

(v) undergo a physical examination, subsequent to a conditional offer of employment, conducted under the supervision of a licensed physician;

In addition, all such officers who enter upon the duties of such office on or after July 1, 2013, shall not includinghave butbeen notconvicted limitedof toor petitpled larcenyguilty underor §no 18.2-96,contest orto (a) any offensemisdemeanor involving moral turpitudeturpitude, that would be a misdemeanor if committed in the Commonwealth;

(b) any misdemeanor sex offense in thetheitude that Commonwealth, another state, or the United States, including but not limited to sexual battery under § 18.2-67.4 or consensual sexual intercourse with a minor 15 years of age or older under clause (ii) of :§ 18.2-371;

35or (c) domestic assault under § 18.2-371;18.2-57.2 or any offense that would be domestic assault under the laws of another state or the United States.

orB. (c) domestic assault under § 18.2-57.2 or any offense that would be domestic assault 36 under the laws of another state or the United States.

37In B.addition, if the police officer, deputy sheriff, or jail officer had been employed at any time by another law-enforcement agency or jail, the hiring law-enforcement agency or jail shall request from all prior employing law-enforcement agencies or jails any information (i) related to an arrest or prosecution charge known to the agency or disclosed during the hiring process that would otherwise be prohibitedal from disclosure in accordance with § 19.2-392.4;

In addition, if the police officer, deputy sheriff, or jail officer had been employed at any time by 38 another law-enforcement agency or jail, the hiring law-enforcement agency or jail shall request from all of a former police officer, deputy sheriff, or jail officer, including any expunged arrest or criminalion charge known to the agency or disclosed during the hiring process that would otherwise be prohibited from disclosure in accordance with § 19.2-392.4;

and (iv) related to a former police officer, deputy sheriff, or jail officer's job performance that led to such officer's or requestdeputy thissheriff's informationresignation, subsequentdismissal, todemotion, asuspension, conditionalor offertransfer. of employment;

however,The nohiring policeagency officer,or jail may deputy sheriff, or jail officer may be employed in such position until the requested information isisr, received from all prior employing law-enforcement agencies in the Commonwealth.

Any sheriff or chief of police in the Commonwealth, any director or chief executive of any law-enforcement agency or jail in the Commonwealth, and the Director of the discloseDepartment of Criminal Justice Services or his designee who receives such requestedrequest for information shall law-enforcement agency or jail.tion within 14 days of receiving such request to the requesting hiringllhiring HB776C. 2 of 2 law-enforcement agency or jail.

C.In addition, the hiring law-enforcement agency or jail may require a candidate for employment to of 2 undergo a psychological examination, subsequent to a conditional offer of employment, conducted under the supervision of a licensed psychiatrist or a licensed clinical psychologist.

In addition, the hiring law-enforcement agency or jail may require a candidate for employment to undergo a psychological examination, subsequent to a conditional offer of employment, conducted under the supervision of a licensed psychiatrist or a licensed clinical psychologist.