Marijuana, police, coronavirus: Va. special session brings lawmakers to Richmond next week

RICHMOND, Va. (WSET) -- Virginia lawmakers will head to Richmond next week for a special legislative session to focus on the state budget in the wake of the coronavirus pandemic, while also focusing on criminal and social justice reform.

The House and Senate will reconvene on Tuesday, August 18.

"I look forward to bringing legislators back in session as we continue to navigate these unprecedented times," Gov. Northam said. "We have a unique opportunity to provide critical support to Virginians, invest strategically in our economic recovery, and make progress on policing and criminal justice reform. Let’s get to work."

Northam said he plans to champion legislation "aimed at police accountability and oversight, use of force, increased training and education, and officer recruitment, hiring, and decertification."

Currently, there are 21 bills filed for the 2020 special session.

HJ 5001 filed by Republican Del. Tony Wilt, 26th District, seeks to amend the Virginia Constitution to limit the governor the authority to issue an executive order declaring a state of emergency "that restricts, limits, or prohibits otherwise lawful action by a private business, nonprofit entity, or individual for a period more than 45 days in duration without approval by the General Assembly." The bill asks for the governor to convene a special session so the General Assembly can approve an executive order beyond 45 days.

Sen. Steve Newman and Sen. Mark Peake, who represent part of our area, have been vocal during the pandemic to have a special session so that the General Assembly can make decisions for the state.

Newman introduced SB 5001 that limits the duration of any executive order issued by the governor to no more than 30 days. He would only be able to declare a consecutive executive order if the General Assembly does not take any action within the 30 days the order is effective.

Sen. Tommy Norment, a Republican representing the 3rd District, filed SB 5002 that would prohibit law enforcement from using neck restraints like the one that was used on George Floyd before his death in Minneapolis. He also introduced SB 5010 that would increase the penalty for committing an assault or assault and battery against a law enforcement officer from a class 6 felony to a class 5 felony.

If the incident occurs during a state of emergency, then the crime would be a class 3 felony.

Attorney General Mark Herring Tuesday outlined his priorities for criminal justice and policing reforms that he said will "reduce brutality and abuses of power by law enforcement, increase transparency, accountability, justice, and equality, and address disparities throughout the criminal justice system from policing to re-entry."

In the upcoming special session, Attorney General Herring said he will be supporting the following measures:

Police Reform:

• Enable the Attorney General of Virginia to conduct “pattern and practice” investigations
• Modernize, standardize, and elevate the rigor of police training
• Department of Criminal Justice Services should be required to develop within the year a new basic training curriculum in conjunction with the Office of Attorney General
• Current law enforcement officers must have 21st century policing skills included in their annual in-service training curriculum
• Make it easier to remove bad officers from the law enforcement profession
• Expand police decertification criteria to include misconduct, not just criminal convictions.
• Establish a more robust database of officer discipline, terminations, and decertification.
• Ban rehiring of officers who are fired for misconduct or excessive force, or who resign during an investigation into misconduct or excessive force.
• Create a “duty to intervene” for law enforcement officers.
• Ban or limit dangerous, unnecessary, and potentially deadly police tactics
• Empower localities to establish citizen review panels
• Require the use of body worn cameras by all law enforcement officers
• Require law enforcement agencies and prosecutors to engage an independent agency or Commonwealth’s Attorney to conduct investigations and make prosecutorial decisions

Criminal Justice Reform:

• Cash bail reform
• Expanding opportunities for record expungement and simplifying the process
• Continued momentum toward legal, regulated adult use of cannabis and resolve past convictions

Sen. Peake introduced SB 5009 which would allow Virginians to petition for an underage alcohol possession charge or a charge for using a fake ID to get alcohol to be expunged if there have been no other alcohol-related convictions.

Sen. Richard Stuart has introduced SB 5003 that would establish the Commission on Civil Rights and Policing to review civil justice, civil liberties, and policing in the Commonwealth. The commission would also make policy recommendations to the General Assembly. If passed, this bill would take effect on July 1, 2023.

He also introduced SB 5013 which would allow those who are charged with possession of marijuana to prepay the civil penalty. Under a new law that took effect on July 1, 2020, there will be a civil penalty of no more than $25 for simple marijuana possession.

Richmond Mayor Levar Stoney sent a letter to Gov. Northam Tuesday, August 11, along with House Speaker Eileen Filler-Corn and Senate Majority Leader Richard Saslaw asking them to legalize marijuana during the special session.

Stoney said legalizing marijuana would "increase equity and inclusion in the commonwealth."

"Not only do marijuana arrests comprise a majority of the total arrests in Virginia, but out of those arrests a disproportionate number are of Black people," Stoney said in the letter. "Let’s not forget the negative impact an arrest and conviction can have on someone’s life, especially when it comes to employment and housing opportunities."

In addition, Stoney said Virginia should:

• Establish a tax system for the recreational use of marijuana and use the money for low-income students.
• Allow automatic expungements for certain misdemeanors and nonviolent felony convictions.
• Provide funding for mental health crisis alerts.
• Establish a statewide law enforcement officer misconduct database.
• Launch a statewide eviction diversion program.

Procedural rules could require lawmakers to convene for at least two weeks.