Bill Text: VA SB1440 | 2021 | Regular Session | Introduced
Bill Title: Law-enforcement officer, etc.; civil action for unlawful acts of force or failure to intervene.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-01 - Passed by indefinitely in Judiciary (9-Y 5-N) [SB1440 Detail]
Download: Virginia-2021-SB1440-Introduced.html
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 8.01-42.6 as follows:
§8.01-42.6. Civil action for unlawful acts of force or failure to intervene by a law-enforcement officer or correctional officer.
A. As used in this section:
"Correctional officer" means the same as that term is defined in §53.1-1.
"Law-enforcement officer" means the same as that term is defined in §9.1-101.
"Primary employer" means a public entity or private police department as defined in §9.1-101.
B. Any law-enforcement officer or correctional officer who violates a provision of Chapter 7.1 (§19.2-83.3 et seq.) of Title 19.2 during the performance of his duties for his primary employer shall be liable to any injured person for any injuries sustained as a result of such violation.
C. Any primary employer that employs or contracts for the services of a law-enforcement officer or correctional officer, whether such employment or agency is with or without pay, shall be liable to a person who sustains any injuries as a result of such officer's violation of any provision of Chapter 7.1 (§19.2-83.3 et seq.) of Title 19.2 when such violation occurred within the ordinary course of the employer's business.
D. Any person injured in violation of Chapter 7.1 (§19.2-83.3 et seq.) of Title 19.2 is entitled to recover compensatory damages and reasonable attorney fees and costs. If compensatory damages are awarded, an injured person may also be awarded punitive damages.
