A BILL to amend the Code of Virginia by adding in Title 9.1 a chapter numbered 5.2, consisting of sections numbered 9.1-513 through 9.1-518, relating to Police Chief Bill of Rights.
HB1388 creates a new “Police Chief Bill of Rights” in Title 9.1 of the Code of Virginia. The bill sets out procedural protections for chiefs of police in county, city, town, and campus police departments before they can be removed or otherwise subjected to adverse action. It defines “just cause” for removal, requires written notice of the specific grounds, and guarantees a hearing before a three-member impartial panel with the opportunity to be represented by counsel, present evidence, and cross-examine witnesses.
The bill also establishes timelines and standards for the hearing process, including a clear-and-convincing-evidence burden on the appointing authority, a written decision from the panel, possible reinstatement with back pay and benefits if removal is not justified, and potential attorney’s fees for the chief if the charges are unsubstantiated. It further allows appeals to circuit court and prohibits retaliation for asserting rights under the chapter, participating in proceedings, refusing unlawful orders, or reporting violations of law or policy. The bill preserves any greater protections already available under contract, local ordinance, or other law, and directs relevant organizations to promulgate implementing rules.
HB1388 would add a new statutory chapter to Virginia law creating employment and due-process protections specifically for police chiefs, separate from the existing Law-Enforcement Officers’ Procedural Guarantee Act. It would affect local appointing authorities for police departments and campus police departments at public institutions of higher education by limiting how chiefs may be removed, demoted, suspended indefinitely, or otherwise disciplined in a way that reduces rank, authority, or compensation. The bill would also require a new panel-based hearing process and rulemaking by the Virginia Association of Chiefs of Police, the Virginia Municipal League, and the Office of the Executive Secretary of the Supreme Court of Virginia.
The available context suggests the bill was treated cautiously rather than with clear opposition or strong support, as reflected by its referral to committee and continuation to the next session in Public Safety by voice vote. Because there are no recorded committee transcripts or roll-call votes in the provided material, the overall sentiment can only be described as procedurally neutral to mildly favorable enough to advance, but not enough to move forward immediately. The bill’s structure indicates an effort to formalize protections for police chiefs while preserving local authority to remove chiefs for defined misconduct.
The main points of contention are likely to be the balance between local control and job protections for police chiefs, and the scope of what qualifies as “just cause” for removal. The bill limits removals based solely on policy disagreements and requires a high evidentiary standard, which may concern appointing authorities seeking flexibility in leadership changes. Conversely, supporters of the bill would likely view the hearing rights, independent panel review, and anti-retaliation provisions as necessary safeguards against politically motivated or arbitrary removals. The inclusion of campus police chiefs and the exclusion of sheriffs, state police, and other officers also narrows the bill’s reach and may reflect deliberate policy choices about which law-enforcement leaders should receive these protections.