Special session recesses after 60 days
A bill waiting to be signed by Gov. Ralph Northam, (D) would be “literally transformational in Virginia,” according to its chief sponsor, Sen. Joe Morrissey (D-Richmond).
SB 5007 would give defendants the option of a judge sentencing them if convicted following a trial by jury.
The vast majority of states currently allow sentencing by a judge.
“[Sen.] Creigh Deeds said it’s the most important criminal justice legislation we’ve done in 20 years,” Morrissey said Oct. 17, the day after the General Assembly finished most of its work in a special session.
Morrissey said he was told by Northam’s chief of staff that the governor would sign the bill.
It won’t go into effect until July 1, 2021, however. “It is what it is,” Morrissey said of the delay, which was presumably to allow officials to prepare for the change and any additional funding it would require.
The bill passed 22-16 in the Senate and 55-43 in the House.
Other bills that Morrissey noted that passed include a bill, SB 5030, that would prohibit no-knock entries by police. That bill also prohibits police from firing a weapon into a moving vehicle, prohibits police departments from hiring a police officer who was fired or resigned while under investigation, requires “de-escalation training” for law enforcement and creates a duty for such officers to intervene if another is breaking a law.
SB 5035 authorizes cities to create community review boards to investigate alleged police misconduct, and SB5034 provides 50 percent time off for drug-related sentences, Morrissey said.
A controversial bill — HB 5058 — prohibits police from stopping vehicles for a variety of reasons, including headlights being off, brake lights not working, windows being tinted too dark, and mufflers being loud, etc.
That bill also prohibits police from using the smell of marijuana as probable cause for searching a vehicle.
In an e-mail to his constituents, Del. Kirk Cox (R-Colonial Heights) took issue with SB 5035. “Many would agree that on the surface a citizen review board is a good tool to help investigate instances of excessive force,” Cox said. “But the bill as written establishes the board without any guarantees that the board members have knowledge of day-to-day police work. Republicans offered an amendment to the bill that would require all board members to participate in a ride-along session with police officers, but that was voted down on a party-line vote by Democrats. When a doctor makes a significant error and their license is on the line, the medical board that they appear in front of is made up of medical personnel. Police review boards should be the same.”
Cox also disagreed with a bill — HB 5049 — that prevents local police departments from purchasing military surplus, such as mine-resistant ambush protected vehicles (MRAPS).
“While on the surface it may not seem necessary for local governments to possess these, [but]they are frequently used for flood rescue due to their large size and durability,” Cox said. “Though Republicans brought this up on the floor, the bill’s sponsor denied that MRAPs are used for flood rescue.”
Redistricting amendment
One thing on which Cox and Morrissey agree on is a proposed constitutional amendment regarding redistricting that voters will decide Nov. 3. Both support it.
Cox noted that the amendment would create a commission of citizens and legislators from both parties that will draw congressional and state legislative boundaries. The lines would then be sent to the General Assembly for an up or down vote, with no amendments being made by the legislature. The plan removes the governor from the redistricting equation so that one party does not have an advantage over the other in the way of a veto.
Legislators had to approve the redistricting bill in consecutive years before it could go to the voters.
Senate Democrats largely stood behind the bipartisan proposal this year, although a number of their colleagues in the House did not.
Morrissey said he is “100 percent” behind the amendment. “If Democrats waiver from it one bit, then we deserve any penalty the citizenry imposes upon us,” he said.
Revised budget
The main reason that legislators were called back into session was to deal with the impact of COVID-19 on the budget.
The assembly recessed but did not adjourn. It will wait for voters to decide the fate of the constitutional amendment on redistricting and for Northam to propose language to enact it if the measure passes.
The revised budget of$141 billion was approved 23-15 in the Senate and 63-35 in the House.
It provides $23 million for “criminal justice reforms,” a $500 bonus for law enforcement officers, $6.6 million of police body cameras, and $7.5 million for police departments to recruit and retain officers, according to reports. It also restores $2 billion in spending Northam proposed to be cut due to the pandemic.
