Be it enacted by the General Assembly of Virginia:
1. That §15.2-1707 of the Code of Virginia is amended and reenacted as follows:
§15.2-1707. Decertification of law-enforcement officers.
A. The sheriff, chief of police, or agency administrator shall
notify the Criminal Justice Services Board (the Board) in writing within
48 hours of becoming aware that any certified law-enforcement or jail officer
currently employed by his agency has (i) been convicted of or pled guilty or no
contest to a felony or any offense that would be a felony if committed in the
Commonwealth, ; (ii) been convicted of or pled guilty or no
contest to a Class 1 misdemeanor involving moral turpitude or any offense that
would be any misdemeanor involving moral turpitude, including but not limited
to petit larceny under §18.2-96, or any offense involving moral turpitude that
would be a misdemeanor if committed in the Commonwealth, ; (iii)
been convicted of or pled guilty or no contest to any misdemeanor sex offense
in the Commonwealth, another state, or the United States, including but not
limited to sexual battery under §18.2-67.4 or consensual sexual intercourse
with a minor 15 years of age or older under clause (ii) of §18.2-371,
; (iv) been convicted of or pled guilty or no contest to domestic
assault under §18.2-57.2 or any offense that would be domestic assault under
the laws of another state or the United States, ; (v) failed to
comply with or maintain compliance with mandated training requirements, ;
or (vi) refused to submit to a drug screening or has produced a positive
result on a drug screening reported to the employing agency, where the positive
result cannot be explained to the agency administrator's satisfaction.
Notification shall also be provided
B. The sheriff, chief of police, or agency administrator
shall notify the Board in writing within 48 hours of becoming aware that
any employee who resigned or was if any certified law-enforcement or
jail officer currently employed by his agency (i) is terminated or
resigns in advance of being convicted or found guilty of an offense set
forth in subsection A that requires decertification or who resigned or
was, (ii) is terminated or resigns in advance of a pending
drug screening, (iii) is terminated for a violation of state or federal law,
(iv) is terminated for a violation of the agency's policies and procedures, or
(v) is terminated or resigns while such officer is the subject of a pending
internal investigation [ for conduct that could result in termination from
the agency ] .
C. The notification, where appropriate, shall be accompanied by a copy of the judgment of conviction.
D. Upon receiving such notice from the sheriff, chief
of police, or agency administrator, or from an attorney for the Commonwealth,
the Criminal Justice Services Board shall immediately decertify such
law-enforcement or jail officer. Such officer shall not have the right to serve
as a law-enforcement officer within the Commonwealth until his certification
has been reinstated by the Board.
B. E. When a conviction has not become final,
the Board may decline to decertify the officer until the conviction becomes
final, after considering the likelihood of irreparable damage to the officer if
such officer is decertified during the pendency of an ultimately successful
appeal, the likelihood of injury or damage to the public if the officer is not
decertified, and the seriousness of the offense.
C. F. The Department of Criminal Justice
Services is hereby authorized to waive the requirements for decertification as
set out in subsection A for good cause shown.
D. G. The Criminal Justice Services Board
may shall initiate decertification proceedings against any
current or former law-enforcement or jail officer whom if the
Board has found to have been convicted of an offense that requires
that any basis for the officer's decertification or who has failed to comply
with or maintain compliance with mandated training requirements set
forth in subsection A or B exists.
E. H. Any conviction of a misdemeanor that has
been appealed to a court of record shall not be considered a conviction for
purposes of this section unless a final order of conviction is entered. [ Any
finding of misconduct listed in subsection B will not be considered final until
all grievances or appeals have been exhausted or waived and the finding of
misconduct is made final. ]
I. The sheriff, chief of police, or agency administrator shall also notify the Board and the civilian review panel that has oversight authority over such agency, if such panel has been established, in writing if any certified law-enforcement or jail officer currently employed by his agency has received three complaints of excessive use of force in the previous five years. Any recommendations made by the civilian review panel concerning such complaints shall be forwarded to the Board.