Signed by Governor Ralph Northam

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes a felony charge for officers that fail to intervene when witnessing unlawful use of force.

Highlights:

• Requires a law enforcement officer who witnesses another officer, in the performance of their official duties, engaging or attempting to engage in the use of excessive force against another person to intervene, when such intervention is feasible, to end the use of excessive force, or to prevent the further use of excessive force (Sec. 1).

• Requires an officer to also render aid, as circumstances objectively permit, to any person injured as the result of such use of excessive force (Sec. 1).

• Requires any law enforcement officer who intervenes or who witnesses another officer engaging or attempting to engage in the use of excessive force against another person, to report such intervention or use of excessive force with the officer’s employing agency (Sec. 1).

• Prohibits an employing agency from retaliating, threatening to retaliate, or taking or threatening to take any disciplinary action against an officer who intervenes or makes a report (Sec. 1).

• Specifies that any law enforcement officer who knowingly violates the provisions of this bill will be subject to disciplinary action, including dismissal, demotion, suspension, or transfer or decertification of the officer (Sec. 1).

• Defines “excessive force” as any force that is objectively unreasonable given the totality of the circumstances, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes a felony charge for officers that fail to intervene when witnessing unlawful use of force.

Highlights:

• Requires a law enforcement officer who witnesses another officer, in the performance of their official duties, engaging or attempting to engage in the use of excessive force against another person to intervene, when such intervention is objectively reasonable and possible, to end the use of excessive force, or to prevent the further use of excessive force (Sec. 1).

• Requires an officer to also render aid, as circumstances objectively permit, to any person injured as the result of such use of excessive force (Sec. 1).

• Specifies that the knowing failure to intervene in the use of nondeadly excessive force is punishable as a Class 1 misdemeanor (Sec. 1).

• Specifies that the knowing failure to intervene in the use of excessive force that is deadly force is punishable as a Class 6 felony (Sec. 1).

• Specifies that the knowing failure to intervene in the use of excessive force that leads to death or if the victim is severely injured and is caused to suffer permanent and significant physical impairment is punishable as a Class 4 felony (Sec. 1).

• Defines “deadly force” as any force that is likely or intended to cause serious bodily injury or death (Sec. 1).

• Defines “excessive force” as any force that is objectively unreasonable given the totality of the circumstances, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight (Sec. 1).

Full Bill Text