Virginia Bill Making It Easier to Declare Curfew Heads to Gov. Youngkin

A parked truck is set on fire in Richmond, Va., on on July 25, 2020. Eze Amos/Getty Images

Legislation allowing chief law enforcement officers in Virginia’s cities to set temporary curfews for imminent civil unrest or riots is on its way to the governor’s desk.

The Virginia House of Delegates passed legislation SB 1455 on Feb. 22. The measure empowers local law enforcement chiefs to impose curfews for up to 24 hours if there is “an imminent threat of any civil commotion or disturbance in the nature of a riot which constitutes a clear and present danger.”

“This streamlines and actually speeds up the process of placing a curfew when there’s civil disobedience. currently, to empower the chief law enforcement officer, if he’s located in the city, actually requires the governing body to get together and hold a special meeting which can slow things down when there are problems in the community,” said Delegate Keith Hodges during the Feb. 22 House vote.

Richmond experienced civil unrest most recently during the summer of 2020, along with many other major cities across the nation, which resulted in the destruction of public property. The unrest was in response to the death of George Floyd, who was killed by the Minneapolis police while being apprehended.

People carrying homemade Black Lives Matter shields march in front of protesters in Richmond, Va., on July 25, 2020. Eze Amos/Getty Images

Hodges clarified that the legislation would mainly impact cities within the Commonwealth because, at present, their local law enforcement chief has to go through and get approval from the governing body, like the city council. The new law would only require that mayors and city managers agree with the imposed curfew.

Dana Schrad, executive director of the Virginia Association of Chiefs of Police, told The Epoch Times her organization supports the measure because it will help keep the peace during civil unrest while still allowing citizens their First Amendment rights.

“The bill has some strict parameters to follow in terms of public notice and duration of the order. Curfews can be helpful in emergency circumstances to help disperse civil unrest and reduce public harm,” said Schrad.

“It would have to be a law enforcement, chief law enforcement officer, not a subordinate, not somebody with ancillary authority,” said the lead patron of the bill Senate Minority Leader Tommy Norment during a January Senate hearing of the local government committee.

If there is no chief of police, the constitutional law enforcement officer would be empowered to declare a curfew.

“I think, 81 counties in the Commonwealth of Virginia have no local law enforcement so by the statutory provisions, the sheriff is the chief law enforcement officer and he or she may declare a state of emergency for 24 hours,” said Norment.

Several Democrats in the House of Delegates raised concerns about the bill’s impact on cities with mayors who serve as city council members, including delegate Marcia Price of Newport News, who said one reason she opposed the bill is that it gives the mayor more power than the rest of her city’s council members.

“It actually does give more power to the mayor than for the other members of the body that should have equal power, and for that, I’m going to be voting no, along with several other reasons,” said Price.

While the initial curfew should not last more than 24 hours, it could be extended by a “recorded vote of the local governing body or by judicial order.” Those violating the curfew could be charged with a Class 1 misdemeanor, which could result in up to a year in jail and a fine.

The Virginia House voted 53–43, three days before the assembly’s 2023 legislative session is set to end.