Bill Text: VA HB1145 | 2024 | Regular Session | Prefiled
Bill Title: Arrest, summons, etc.; formal and informal quotas, prohibition, civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-13 - Left in Public Safety [HB1145 Detail]
Download: Virginia-2024-HB1145-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§2.2-5516, 15.2-1609.11, 15.2-1710.1, and 52-11.6 of the Code of Virginia are amended and reenacted as follows:
§2.2-5516. Arrest, summons, etc., quota prohibited.
A. No agency of the Commonwealth or director or chief
executive of any agency or department employing law-enforcement officers as
defined in §9.1-101 shall establish a formal or informal quota that requires a
law-enforcement officer to make a specific number of arrests or,
issue a specific number of summonses, conduct a
specific number of traffic stops, give a specific number of warnings,
or perform a specific number
of commercial motor vehicle safety inspections within a
designated period of time.
B. No agency of the Commonwealth or director or chief executive of any agency or department employing law-enforcement officers as defined in §9.1-101 shall use the number of arrests made, summonses issued, traffic stops conducted, warnings given, or commercial motor vehicle safety inspections performed when evaluating the performance of a law-enforcement officer or as a criterion for promotion, demotion, dismissal, discipline, or the earning of any benefit provided by the agency or department.
C. No agency of the Commonwealth or director or chief executive of any agency or department employing law-enforcement officers as defined in §9.1-101 shall post data regarding the number of arrests, summonses, traffic stops, warnings given, or commercial motor vehicle safety inspections in any area that is common to all law-enforcement officers of the agency or department, including a police station or barracks, for the purpose of creating competition between law-enforcement officers with respect to arrests, summonses, traffic stops, warnings given, or commercial motor vehicle safety inspections.
D. Any person employed by any agency of the Commonwealth or director or chief executive of any agency or department employing law-enforcement officers as defined in § 9.1-101 who implements a formal or informal quota as described in this section is subject to a $10,000 civil penalty for each offense. If the formal or informal quota involves threats, intimidation, coercion, or modification of working conditions to subordinate officers, the employee is subject to a $25,000 civil penalty for each offense.
E. Nothing
in this section shall preclude an agency of the Commonwealth or director or
chief executive of any agency or department employing law-enforcement officers
from collecting, analyzing, and utilizing information concerning the number of
arrests made or, summonses issued, traffic stops conducted, warnings given,
or commercial motor vehicle safety inspections performed
for any other purpose.
§15.2-1609.11. Arrest, summons, etc., quota prohibited.
A. A sheriff shall not establish a formal or informal quota
that requires a deputy to make a specific number of arrests
or,
issue a specific number of summonses, conduct a
specific number of traffic stops, give a specific number of warnings,
or perform a specific number
of commercial motor vehicle safety inspections within a
designated period of time.
B. A sheriff shall not use the number of arrests made or,
summonses issued by a deputy as
the sole criterion for evaluating a deputy's job performance, traffic stops conducted, warnings given,
or commercial motor vehicle safety inspections performed
when evaluating the performance of a deputy or as a criterion for promotion,
demotion, dismissal, discipline, or the earning of any benefit provided by the
sheriff.
C. A sheriff shall not post data regarding the number of arrests, summonses, traffic stops, warnings given, or commercial motor vehicle safety inspections in any area that is common to all deputies of the department, including a sheriff's office or barracks, for the purpose of creating competition between deputies with respect to arrests, summonses, traffic stops, warnings given, or commercial motor vehicle safety inspections.
D. A sheriff or any person employed by a sheriff who implements a formal or informal quota as described in this section is subject to a $10,000 civil penalty for each offense. If the formal or informal quota involves threats, intimidation, coercion, or modification of working conditions to subordinate deputies, the employee is subject to a $25,000 civil penalty for each offense.
E. Nothing in this section shall preclude a sheriff from
collecting, analyzing, and utilizing information concerning the number of
arrests made or, summonses issued, traffic stops conducted, warnings given,
or commercial motor vehicle safety inspections performed
for any other purpose.
§15.2-1710.1. Arrest, summons, etc., quota prohibited.
A. A police force shall not establish a formal or informal
quota that requires a police officer to make a specific number of arrests or,
issue a specific number of summonses, conduct a
specific number of traffic stops, give a specific number of warnings,
or perform a specific number
of commercial motor vehicle safety inspections within a
designated period of time.
B. A police force shall not use the number of arrests made or,
summonses issued by a police
officer as the sole criterion for evaluating an officer's job performance, traffic stops conducted, warnings given,
or commercial motor vehicle safety inspections performed
when evaluating the performance of a police officer or as a criterion for
promotion, demotion, dismissal, discipline, or the earning of any benefit
provided by the police force.
C. A police force shall not post data regarding the number of arrests, summonses, traffic stops, warnings given, or commercial motor vehicle safety inspections in any area that is common to all law-enforcement officers of the police force, including a police station or barracks, for the purpose of creating competition between police officers with respect to arrests, summonses, traffic stops, warnings given, or commercial motor vehicle safety inspections.
D. Any person employed by a police force who implements a formal or informal quota as described in this section is subject to a $10,000 civil penalty for each offense. If the formal or informal quota involves threats, intimidation, coercion, or modification of working conditions to subordinate officers, the employee is subject to a $25,000 civil penalty for each offense.
E. Nothing
in this section shall preclude a police force from collecting, analyzing, and
utilizing information concerning the number of arrests made
or,
summonses issued, traffic stops
conducted, warnings given,
or number of commercial motor vehicle safety inspections performed
for any other purpose.
§52-11.6. Arrest, summons, etc., quota prohibited.
A. The Department of State Police shall not establish a formal
or informal quota that requires a state
police officer to make a specific number of arrests
or,
issue a specific number of summonses, conduct a
specific number of traffic stops, give a specific number of warnings,
or perform a specific number
of commercial motor vehicle safety inspections within a
designated period of time.
B. The Department of State Police shall not use the number of
arrests made or, summonses issued by a police officer as the sole criterion for
evaluating an officer's job performance,
traffic stops conducted, warnings given,
or commercial motor vehicle safety inspections performed
when evaluating the performance of a state police officer or as a criterion for
promotion, demotion, dismissal, discipline, or the earning of any benefit
provided by the Department.
C. The Department of State Police shall not post data regarding the number of arrests, summonses, traffic stops, warnings given, or commercial motor vehicle safety inspections in any area that is common to all law-enforcement officers of the Department, including a police station or barracks, for the purpose of creating competition between officers with respect to arrests, summonses, traffic stops, warnings given, or commercial motor vehicle safety inspections.
D. Any person employed by the Department of State Police who implements a formal or informal quota as described in this section is subject to a $10,000 civil penalty for each offense. If the formal or informal quota involves threats, intimidation, coercion, or modification of working conditions to subordinate officers, the employee is subject to a $25,000 civil penalty for each offense.
E. Nothing
in this section shall preclude the Department of State Police from collecting,
analyzing, and utilizing information concerning the number of arrests made or,
summonses issued, traffic stops
conducted, warnings given, or commercial motor vehicle safety inspections
performed for any other purpose.
