Virginia HB 7: Law-enforcement officers; restrictions on wearing of facial coverings, exceptions, civil liability.

Bill Text

2026 SESSION

INTRODUCED

26101899D

HOUSE BILL NO. 7

Offered January 14, 2026

Prefiled November 20, 2025

A BILL to amend and reenact §§ 9.1-102 and 18.2-422 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 8.01-42.7 and by adding in Chapter 7.1 of Title 19.2 a section numbered 19.2-83.6:1, relating to law-enforcement officers; restrictions on wearing of facial coverings; exceptions; civil liability; penalty.

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Patrons—Jones, Anderson, Askew, Carnegie, Carroll, Clark, Convirs-Fowler, Cousins, Guzman, Henson, Hope, Keys-Gamarra, Krizek, Maldonado, Martinez, Price, Rasoul, Shin, Simonds and Watts; Senators: Boysko, Ebbin, Locke, Marsden, Salim and Williams Graves

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Referred to Committee on Public Safety

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Be it enacted by the General Assembly of Virginia:

1. That §§ 9.1-102 and 18.2-422 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 8.01-42.7 and by adding in Chapter 7.1 of Title 19.2 a section numbered 19.2-83.6:1 as follows:

§ 8.01-42.7. Liability of law-enforcement officer for certain conduct while unlawfully wearing a facial covering.

A. As used in this section:

"Facial covering" means the same as that term is defined in § 19.2-83.6:1.

"Law-enforcement officer" means the same as that term is defined in § 19.2-83.6:1.

B. Any person injured as a result of the tortious conduct of a law-enforcement officer who knowingly and intentionally wears a facial covering in violation of § 19.2-83.6:1, whether or not such law-enforcement officer has been charged with or convicted of the alleged violation, may bring a civil cause of action against such law-enforcement officer for actual damages or $10,000, whichever is greater, including reasonable attorney fees and costs.

C. Except as otherwise provided in subsection B, sovereign immunity and any limitations on liability or damages shall not apply to an action brought pursuant to this section.

D. No action shall be commenced under this section more than two years after the most recent conduct prohibited under § 19.2-83.6:1.

§ 9.1-102. Powers and duties of the Board and the Department.

The Department, under the direction of the Board, which shall be the policy-making body for carrying out the duties and powers hereunder, shall have the power and duty to:

1. Adopt regulations, pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), for the administration of this chapter including the authority to require the submission of reports and information by law-enforcement officers within the Commonwealth. Any proposed regulations concerning the privacy, confidentiality, and security of criminal justice information shall be submitted for review and comment to any board, commission, or committee or other body which may be established by the General Assembly to regulate the privacy, confidentiality, and security of information collected and maintained by the Commonwealth or any political subdivision thereof;

2. Establish compulsory minimum training standards subsequent to employment as a law-enforcement officer in (i) permanent positions and (ii) temporary or probationary status and establish the time required for completion of such training. Such compulsory minimum training standards shall include crisis intervention training in accordance with clause (i) of § 9.1-188;

3. Establish minimum training standards and qualifications for certification and recertification for law-enforcement officers serving as field training officers;

4. Establish compulsory minimum curriculum requirements for in-service and advanced courses and programs for schools, whether located in or outside the Commonwealth, which are operated for the specific purpose of training law-enforcement officers;

5. Establish (i) compulsory minimum training standards for law-enforcement officers who utilize radar or an electrical or microcomputer device to measure the speed of motor vehicles as provided in § 46.2-882 and establish the time required for completion of the training and (ii) compulsory minimum qualifications for certification and recertification of instructors who provide such training;

6. [Repealed];

7. Establish compulsory minimum entry-level, in-service and advanced training standards for those persons designated to provide courthouse and courtroom security pursuant to the provisions of § 53.1-120, and to establish the time required for completion of such training;

8. Establish compulsory minimum entry-level, in-service and advanced training standards for deputy sheriffs designated to serve process pursuant to the provisions of § 8.01-293, and establish the time required for the completion of such training;

9. Establish compulsory minimum entry-level, in-service, and advanced training standards, as well as the time required for completion of such training, for persons employed as deputy sheriffs and jail officers by local criminal justice agencies and