Virginia Democrats must enact meaningful policing reform worthy of the moment

The prospects are good for some progress — both chambers are controlled by Democrats who agree on the very basics, particularly on policies relevant to the police killings that most recently ignited mass protests. George Floyd was killed after Derek Chauvin knelt on the back of his neck, ignoring Floyd’s desperate pleas, as fellow officers looked on. Breonna Taylor was killed in her home at night after police executed a no-knock warrant, which allows police to enter a home without warning. Virginia House and Senate Democrats have both indicated they would prohibit neck restraints and no-knock warrants, and require officers to intervene when fellow officers misuse force.

Democrats in both chambers also agree they should make it easier for officers who violate standards of conduct to be “decertified,” meaning they couldn’t work as an officer in the state unless recertified. Currently, officers can be decertified in Virginia only under narrow circumstances, including being convicted of certain crimes or failing a drug test. Under a new regimen, repeated misuse of force could qualify.

That’s a good start, but the legislature should further limit the use of force, for example calling for de-escalation attempts before force is used. Senate Democrats also are rightly promoting compassionate release for incarcerated Virginians who are terminally ill and permanently disabled, and banning searches on the basis of the odor of marijuana alone, now that marijuana has been decriminalized in Virginia.

The Virginia Black Legislative Caucus (VBLC) has announced an ambitious set of priorities, including broader criminal justice reforms such as reforming cash bail, reducing police presence in schools and legalizing marijuana. Their robust response to the cumulative, wide-ranging grievances behind the ongoing protests may prove too ambitious, but what isn’t taken up should be a priority for discussion when the regular session begins in January. The VBLC and House Democrats are also looking to eliminate qualified immunity — a legal doctrine that currently acts as a liability shield when officers violate civilians’ rights.

The General Assembly’s policy response will be complicated by the pandemic’s financial impact on state revenue. Still, other states have shown reform is possible in this difficult moment — Colorado passed sweeping police reforms only weeks after Floyd’s killing. Iowa, Minnesota, New York City and Pennsylvania have also moved quickly. Virginia Democrats have control of both chambers of the legislature and the governorship, and no excuse not to produce meaningful reform.

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Source:WP