Bill Text: VA HB280 | 2024 | Regular Session | Prefiled
Bill Title: Insurrections; prohibition from serving in position of public trust, civil penalty.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-02-13 - Left in Privileges and Elections [HB280 Detail]
Download: Virginia-2024-HB280-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §15.2-1627 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Article 1 of Chapter 9 of Title 18.2 a section numbered 18.2-414.3 as follows:
§15.2-1627. Duties of attorneys for the Commonwealth and their assistants.
A. No attorney for the Commonwealth, or assistant attorney for the Commonwealth, shall be required to carry out any duties as a part of his office in civil matters of advising the governing body and all boards, departments, agencies, officials and employees of his county or city; of drafting or preparing county or city ordinances; of defending or bringing actions in which the county or city, or any of its boards, departments or agencies, or officials and employees thereof, shall be a party; or in any other manner of advising or representing the county or city, its boards, departments, agencies, officials and employees, except in matters involving the enforcement of the criminal law within the county or city.
B. The attorney for the Commonwealth and assistant attorney for the Commonwealth shall be a part of the department of law enforcement of the county or city in which he is elected or appointed, and shall have the duties and powers imposed upon him by general law, including the duty of prosecuting all warrants, indictments or informations charging a felony, and he may in his discretion, prosecute Class 1, 2 and 3 misdemeanors, or any other violation, the conviction of which carries a penalty of confinement in jail, or a fine of $500 or more, or both such confinement and fine. He shall enforce all forfeitures, and carry out all duties imposed upon him by §2.2-3126. He may enforce the provisions of §18.2-268.3, 18.2-414.3, 29.1-738.2, 46.2-341.20:7, or 46.2-341.26:3. He may, in his discretion, file a petition for appeal pursuant to Chapter 25 (§19.2-398 et seq.) of Title 19.2 and he shall continue to represent the Commonwealth in any such appeal before the Court of Appeals or the Supreme Court for which he was the prosecuting attorney, unless and until the Court of Appeals grants the petition, except that he shall remain counsel of record in an appeal regarding bail, bond, or recognizance pursuant to Article 1 (§19.2-119 et seq.) of Chapter 9 of Title 19.2 or subsection B of §19.2-398.
He shall also represent the Commonwealth in an appeal of a civil matter related to the enforcement of a criminal law or a criminal case for which he was the prosecuting attorney, including a petition for expungement of a defendant's criminal record, an action of forfeiture filed in accordance with the provisions of Chapter 22.1 (§19.2-386.1 et seq.) of Title 19.2, or any matter which he may enforce pursuant to this section.
§18.2-414.3. Prohibition from serving in positions of public trust for conviction of rioting or insurrection related to elections; civil penalty.
A. As used in this section, "position of public trust" means any position in which a person performs work that involves a significant degree of public trust and confidence that such person will carry out the work in accordance with applicable laws, regulation, and guidelines. Such positions may involve policy making, major program responsibility, fiduciary responsibilities, or other duties demanding a significant degree of public trust and shall include positions in administering or conducting elections, public safety or public health, law enforcement, and education.
B. Any person convicted of an offense in this article or any substantially similar offense under the laws of the United States or any of its states or territories when such offense occurs (i) at a polling place, a voter satellite office, or any other location being used for voting or registration purposes; (ii) during the certification of an election; or (iii) at any other official proceeding related to an election shall be prohibited for life from serving in any position of public trust within the Commonwealth.
C. Any person who violates the provisions of subsection B shall be subject to a civil penalty of $1,000. Such person shall also immediately resign from any such position of public trust such person holds.
D. Any person prohibited from serving in any position of public trust within the Commonwealth pursuant to subsection B may petition the circuit court of the jurisdiction in which he resides or, if the person is not a resident of the Commonwealth, the circuit court of any county or city where such person was last convicted of a disqualifying offense pursuant to subsection B, for a restoration order that unconditionally authorizes his ability to serve in a position of public trust within the Commonwealth. A copy of the petition shall be mailed or delivered to the attorney for the Commonwealth for the jurisdiction where the petition was filed who shall be entitled to respond and represent the interests of the Commonwealth. The court shall conduct a hearing if requested by either party. The court may, in its discretion and for good cause shown, grant such petition and issue a restoration order. Such order shall contain the petitioner's name and date of birth. The Department of State Police shall forthwith enter the petitioner's name and description in the Central Criminal Records Exchange so that the order's existence will be made known to law-enforcement personnel accessing the computerized criminal history records for investigative purposes. The provisions of this section relating to the prohibition from serving in a position of public trust within the Commonwealth shall not apply to any person who has been issued a restoration order pursuant to this subsection.
2. That the attack on the United States Capitol on January 6, 2021, constitutes an insurrection, and the provisions of §18.2-414.3 of the Code of Virginia, as created by this act, shall apply to any person convicted of an offense in relation to such insurrection.
