Virginia HB 1514: Police misconduct; locality authorized to establish civilian review panel, law-enforcement auditor.

Bill Text

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2018 SESSION

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18104676D

HOUSE BILL NO. 1514 

Offered January 18, 2018 

A BILL to amend the Code of Virginia by adding in Chapter 6 of 
 Title 9.1 a section numbered 9.1-601, relating to police misconduct; civilian 
 review panel; law-enforcement auditor. 
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Patrons-- Watts and Simon 

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Referred to Committee on Militia, Police and Public Safety 

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Be it enacted by the General Assembly of Virginia: 

1. That the Code of Virginia is amended by adding in Chapter 
 6 of Title 9.1 a section numbered 9.1-601 as follows: 

� 9.1-601. Civilian 
 review of police misconduct; law-enforcement 
 auditor.

A. A 
 locality may establish a law-enforcement civilian 
 review panel, which shall have the 
 following duties:

1. To receive, 
 investigate, and assist in the resolution of complaints from citizens of the 
 locality regarding the conduct of the primary 
 law-enforcement agency serving 
 the locality, officers in the agency, or employees of the 
 agency;

2. To review 
 investigations conducted by the primary 
 law-enforcement agency serving the locality regarding the conduct 
 of the agency, officers in the agency, or employees of the agency for 
 thoroughness, completeness, accuracy, objectivity, and impartiality of the 
 investigations; and

3. To report 
 annually on the activities of the panel.

B. A locality may 
 appoint a law-enforcement auditor, 
 which shall have the following duties:

1. To review 
 investigations conducted by the primary law-enforcement agency serving the 
 locality regarding the use of force by an 
 officer in the agency that resulted in the death 
 or serious bodily injury of another person; and

2. To report 
 annually on the activities of the auditor.

C. The 
 locality shall establish the policies 
 and procedures for the performance of duties 
 by the panel and the auditor as set forth in this section. The panel and the auditor 
 may hold hearings and, if 
 after making a good faith effort to obtain, voluntarily, the attendance of 
 witnesses and the production of books, papers, and other evidence necessary to 
 perform its duties the panel or auditor is unable to obtain such attendance or 
 production, it may request the city 
 or county attorney to apply to the judge of the circuit court 
 for the locality for a subpoena compelling the 
 attendance of such witness or the production of such books, papers, and other 
 evidence, and 
 the court may, upon good cause shown, cause the subpoena to be issued. Any 
 person so subpoenaed may apply to the court that issued a subpoena to quash it.

D. The findings or 
 recommendations made by the panel or auditor pursuant to this section are not 
 binding on the primary law-enforcement 
 agency serving the locality. Nothing 
 herein shall require the law-en