Bill Text: VA HB893 | 2020 | Regular Session | Prefiled
Bill Title: Law enforcement; use of force, data collection and reporting requirement.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-02-11 - Continued to 2021 in Counties, Cities and Towns by voice vote [HB893 Detail]
Download: Virginia-2020-HB893-Prefiled.html
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.
