Northam signs civil fines bill for COVID-19 violations

.

Among the bills Virginia Gov. Ralph Northam signed into law Wednesday is legislation that establishes civil fines for those who violate COVID-19-related executive orders.

House Bill 5093 and Senate Bill 5117 allow the state to levy up to $500 in civil fines for violating an emergency executive order from the governor. The bill, which is designed to grant more flexibility for COVID-19 restrictions, will expire in June 2023.

The previous law allowed the state to only impose a Class 1 misdemeanor for such violations, which is punishable with a fine up to $1,500 and a prison sentence up to one year.

Although the new law puts a less harsh option on the books, Republicans and members of the business community have warned the state may impose these fines for violations that previously were going unenforced because of the stricter penalty attached to them.

Supporters of the bill said it does not require the governor to beef up enforcement, but it will give the state more options if COVID-19 cases increase in the coming months.

Northam also signed three criminal justice reform initiatives into law.

House Bill 5062 and Senate Bill 5033 require judges to dismiss a charge if the defense and the prosecutor request it be dismissed. The new law creates an exception if the judge finds clear and convincing evidence that bribery has taken place or there is bias or prejudice against a victim of a protected class.

The governor also signed House Bill 5072/Senate Bill 5024, which allow the attorney general to file a civil suit against an officer or a police department if he believes there is a pattern of practices that deprives a person of his or her constitutional rights.

Northam also also signed House Bill 5098, which increases penalties for providing a false police report based on prejudice against a protected class. The previous penalty was a Class 1 misdemeanor, and it has been raised to a Class 6 felony.

Northam also proposed amendments to two initiatives to provide an emergency clause that would put the legislation in effect immediately: House Bill 5115, which postpones eviction proceedings for those who suffered an economic loss because of the response to COVID-19, and House Bill 5046/Senate Bill 5080, which extend Medicaid coverage to necessary health care provided through telemedicine.

The governor also proposed an amendment to House Bill 5058/Senate Bill 5029, which prohibit police from stopping a person solely based on certain offenses, including nonfunctioning brake lights, a loud exhaust system and having objects suspended from the vehicle. The amendment would include stopping a person for not having his headlights on during the night.

“I am proud to sign new laws that strengthen our COVID-19 response efforts and make our criminal system more equitable,” Northam said in a statement. “I am grateful to legislators for their hard work this session, and look forward to signing more critically important legislation in the coming days.”

Legislation that received proposed amendments will go back to the General Assembly for approval.

Related Content

Related Content