Bill Text: VA HB801 | 2022 | Regular Session | Prefiled
Bill Title: Civilian deaths in custody; report.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-15 - Left in Public Safety [HB801 Detail]
Download: Virginia-2022-HB801-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §9.1-192 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Article 15 of Chapter 1 of Title 9.1 a section numbered 9.1-192.1 as follows:
§9.1-192. Community Policing Reporting Database; annual report.
A. The Department shall periodically access the Community
Policing Reporting Database, which is maintained by the Department of State
Police in accordance with pursuant to §52-30.3, for the
purposes of analyzing the data to determine the existence and prevalence of the
practice of bias-based profiling and the prevalence of complaints alleging the
use of excessive force. The Department shall maintain all records relating to
the analysis, validation, and interpretation of such data. The Department may
seek assistance in analyzing the data from any accredited public or private institution
of higher education in the Commonwealth or from an independent body having the
experience, staff expertise, and technical support capability to provide such
assistance.
B. The Director shall annually report the findings and recommendations resulting from the analysis and interpretation of the data from the Community Policing Reporting Database to the Governor, the General Assembly, and the Attorney General beginning on or before July 1, 2021, and each July 1 thereafter. The report shall also include information regarding state or local law-enforcement agencies that have failed or refused to report the required data to the Department of State Police as required by §§ 15.2-1609.10, 15.2-1722.1, and 52-30.2. A copy of the Director's report shall also be provided to each attorney for the Commonwealth of the county or city in which a reporting law-enforcement agency is located.
§9.1-192.1. Civilian deaths in custody; annual report.
A. For the purposes of this section:
"Correctional facility" includes any local, regional, state, or juvenile correctional facility.
"Law-enforcement agency" means any sheriff's office, police department, or other agency or department that employs persons who have law-enforcement authority that is under the direction and control of the Commonwealth or any local governing body.
B. Every law-enforcement agency and correctional facility shall report to the Department the following information regarding the death of any person who is detained, under arrest or in the process of being arrested, en route to be incarcerated, incarcerated, or otherwise in the custody of such law-enforcement agency or correctional facility:
1. The name, gender, race, ethnicity, and age of the deceased;
2. The date, time, and location of death;
3. The law-enforcement agency or correctional facility that detained, arrested or was in the process of arresting, transported, incarcerated, or otherwise had custody of the deceased; and
4. A brief description of the circumstances surrounding the death and the cause of death.
C. Any law-enforcement agency or correctional facility that fails to comply with subsection A may, at the discretion of the Department, be declared ineligible for state grants or funds.
D. The Department shall analyze the data submitted pursuant to subsection B to (i) determine the means by which such information can be used to reduce the number of such deaths and (ii) examine the relationship, if any, between the number of such deaths and the actions of management of such law-enforcement agencies and correctional facilities. The Director shall annually report the findings and recommendations resulting from the analysis and interpretation of the data to the Governor, the General Assembly, and the Attorney General beginning on or before July 1, 2023, and each July 1 thereafter.
