Several bills that would reform policing in Virginia jumped another hurdle in the House on Monday and look as though they likely will be able to pass floor votes.
Bills to establish stricter police training requirements and to prohibit sex between an officer and a person in custody advanced through the House Appropriations Committee with unanimous support. Other proposed reforms, such as a ban on chokeholds, a duty to intervene and giving the attorney general greater oversight power over police departments, advanced on largely partisan votes, with the support of Democrats.
Many of the proposed reforms are legislative responses to nationwide protests against police brutality. Del. Delores McQuinn, D-Richmond, said during the Appropriations Committee meeting her bill to require officers to intervene when their colleagues unlawfully use force against a person in custody was inspired by the death of George Floyd, who died after a Minneapolis police officer applied pressure to the back of Floyd’s neck for several minutes and surrounding police stood by.
McQuinn said a failure to intervene should be considered a breach of an officer’s oath to protect and serve the community. Her bill, House Bill 5029, would make failure to intervene in nonlethal force a Class 1 misdemeanor, but failure to intervene when an officer improperly uses deadly force would be a Class 6 felony. It advanced on a 13-8 vote.
Another bill that advanced through committee was House Bill 5069, from Del. Jennifer Foy, D-Woodbridge. It bans the use of neck restraints by police officers. Any restraint that applies pressure to the neck with the purpose of restricting air flow, blood flow or breathing would be banned under this legislation. An officer who uses these types of restraints could be charged with a Class 6 felony.
The legislation advanced through the committee, 13-9.
House Bill 5072, sponsored by Del. Alfonso Lopez, D-Arlington, would grant the attorney general’s office more oversight over police departments. If the bill becomes law, the attorney general would have the authority to file a civil suit against police departments if he notices an unlawful pattern of officers or an agency depriving a person of rights, privileges or immunities.
The legislation also advanced on a 13-9 vote.
Legislation that would make it a a Class 6 felony for an officer to have sex with a person in custody advanced through the committee with unanimous support. The legislation, House Bill 5045, was sponsored by Del. Karrie Delaney, D-Centreville.
A bill that would compel the Department of Criminal Justice Services to adopt uniform standards for police training and qualifications also advanced unanimously. The standards would include training on profiling, de-escalation techniques, use of force and how to properly work with individuals who have a disability. House Bill 5109 was sponsored by Del. Patrick Hope, D-Arlington.
Senators have introduced their own version of many of the criminal justice reforms in the House.
