Bill Text: VA HB1363 | 2016 | Regular Session | Introduced
Bill Title: Local officers; petition requirements for removal of county supervisor, etc.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-12 - Continued to 2017 in Privileges and Elections by voice vote [HB1363 Detail]
Download: Virginia-2016-HB1363-Introduced.html
16102057D Be it enacted by the General Assembly of Virginia: 1. That §24.2-233 of the Code of Virginia is amended and reenacted as follows: §24.2-233. Removal of elected and certain appointed officers by courts. Upon petition, a circuit court may remove from office any elected officer or officer who has been appointed to fill an elective office, residing within the jurisdiction of the court: 1. For neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office; 2. Upon conviction of a misdemeanor pursuant to Article 1 (§ 18.2-247 et seq.) or Article 1.1 (§18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and after all rights of appeal have terminated involving the: a. Manufacture, sale, gift, distribution, or possession with intent to manufacture, sell, give, or distribute a controlled substance or marijuana; b. Sale, possession with intent to sell, or placing an advertisement for the purpose of selling drug paraphernalia; or c. Possession of any controlled substance or marijuana and such conviction under subdivision a, b, or c has a material adverse effect upon the conduct of such office; 3. Upon conviction, and after all rights of appeal have terminated, of a misdemeanor involving a "hate crime" as that term is defined in §52-8.5 when the conviction has a material adverse effect upon the conduct of such office; or 4. Upon conviction, and after all rights of appeal have terminated, of sexual battery in violation of §18.2-67.4, attempted sexual battery in violation of subsection C of §18.2-67.5, peeping or spying into dwelling or enclosure in violation of §18.2-130, consensual sexual intercourse with a child 15 years of age or older in violation of §18.2-371, or indecent exposure of himself or procuring another to expose himself in violation of § 18.2-387, and such conviction has a material adverse effect upon the conduct of such office. The petition must be signed by a number of registered voters
who reside within the jurisdiction of the officer equal to Any person removed from office under the provisions of subdivision 2, 3, or 4 may not be subsequently subject to the provisions of this section for the same criminal offense. |