Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/07/2020        

Law enforcement; use of force, data collection and reporting requirement.

Requires state and local law-enforcement officers to collect data on use of force incidents involving law enforcement and forward the data to the Superintendent of State Police, which the Department of State Police shall include in the annual Crime in Virginia report. Such incidents include the following: (i) any fatality to a civilian; (ii) any serious bodily injury to a civilian; or (iii) in the absence of either death or serious injury, a discharged firearm by a state or local law-enforcement officer at or in the direction of a person. The bill specifies information required to be included in such incident report.

Date Version PDF TXT
01/07/2020 House: Prefiled and ordered printed; offered 01/08/20 20104903D Open

            

2020 SESSION

    20104903D
    HOUSE BILL NO. 893
    Offered January 8, 2020
    Prefiled January 7, 2020
    A BILL to amend the Code of Virginia by adding sections numbered 15.2-1609.10, 15.2-1722.1, and 52-28.3, relating to law enforcement; use of force; data collection and reporting requirements.
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    Patrons-- Guzman, Levine and Samirah; Senator: Morrissey
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    Referred to Committee on Counties, Cities and Towns
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    1. That the Code of Virginia is amended by adding sections numbered 15.2-1609.10, 15.2-1722.1, and 52-28.3 as follows:

    15.2-1609.10. Use of force; collection of data.

    The sheriff of every locality shall collect data pertaining to the use of force by a law-enforcement officer pursuant to subsection B of � 52-28.3 and report such data to the Department of State Police. The sheriff of the locality shall be responsible for forwarding the data to the Superintendent of State Police.

    15.2-1722.1. Use of force; collection of data.

    The chief of police of every locality shall collect data pertaining to the use of force by a law-enforcement officer pursuant to subsection B of � 52-28.3 and report such data to the Department of State Police. The chief of police of the locality shall be responsible for forwarding the data to the Superintendent of State Police.

    52-28.3. Use of force; collection of data; inclusion in annual Crime in Virginia report.

    A. State Police officers shall collect data pertaining to the use of force by a law-enforcement officer pursuant to subsection B and shall submit the data to their supervisory officers, who shall forward it to the Superintendent of State Police.

    B. State and local law-enforcement officers shall collect data regarding the following incidents involving the use of force by a state or local law-enforcement officer, which the Department of State Police shall include in the annual Crime in Virginia report: (i) any civilian fatality that occurs in connection with the use of force by a state or local law-enforcement officer; (ii) any serious bodily injury to a civilian that occurs in connection with the use of force by a state or local law-enforcement officer; and (iii) in the absence of either a civilian fatality or serious bodily injury to a civilian, the discharge of a firearm by a state or local law-enforcement officer at or in the direction of a civilian. For any such incident, the information shall include:

    1. The date, time, and location of the incident;

    2. The number of law-enforcement officers involved in the incident;

    3. The basis for the initial contact between the civilian and the officer;

    4. If the initial contact was due to unlawful or criminal activity, the most serious reported offenses committed by the civilian prior to or at the time of the incident;

    5. The age, sex, gender identity, national origin, race, ethnicity, English proficiency status, and developmental or intellectual disability status, as defined in � 37.2-100, of the civilian;

    6. The type of force used against the law-enforcement officer, civilian, or both, including the types of weapons used, if applicable;

    7. The type of serious bodily injury or cause of death of the civilian, if applicable;

    8. Whether the civilian resisted and the type of resistance, if applicable;

    9. Any apparent or known impairment in the physical condition of the civilian, including drug or alcohol impairment, if applicable;

    10. Any apparent or known mental or physical disability of the civilian, if applicable;

    11. Whether, at any time during the incident, the civilian was armed or believed to be armed with a weapon;

    12. The age, sex, gender identity, national origin, race, ethnicity, and English proficiency status of the law-enforcement officer;

    13. Whether the law-enforcement officer was on duty at the time of the incident; and

    14. In the case of a report pursuant to clause (i) or (ii), whether the law-enforcement officer discharged a firearm during the incident.

    C. All state and local law-enforcement agencies shall collect the data specified in subsection B and any other data as may be specified by the Department of State Police, on forms developed by the Department of State Police.

    Picture Name From Date Type
    Elizabeth R. Guzman D-Richmond Sponsor
    Ibraheem S. Samirah D-Richmond Cosponsor
    Joseph D. Morrissey D-Richmond Cosponsor
    Mark H. Levine D-Richmond Cosponsor
    Date Branch Action
    01/29/2020 House House: Assigned CC & T sub: Land Use
    01/07/2020 House House: Prefiled and ordered printed; offered 01/08/20 20104903D
    01/07/2020 House House: Referred to Committee on Counties, Cities and Towns
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    Wiki





    Start Description.
    Requires state and local law-enforcement officers to collect data on use of force incidents involving law enforcement and forward the data to the Superintendent of State Police, which the Department of State Police shall include in the annual Crime in Virginia report. Such incidents include the following: (i) any fatality to a civilian; (ii) any serious bodily injury to a civilian; or (iii) in the absence of either death or serious injury, a discharged firearm by a state or local
    End Description.

    Bill TEXT Points.
    This Bill has been listed with the following Subjects from Texts:
    Virginia
    893 Offered January 8, 2020 Prefiled January 7, 2020 A BILL to amend the Code of Virginia by adding sections numbered 15

    Crime
    Use of force; collection of data; inclusion in annual Crime in Virginia report

    Department of State
    3 and report such data to the Department of State Police

    Law



    End Bill TEXT Points.
    Date Bill Major Title
    Committee Name
    Subject Type