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Virginia police chiefs empowered to set curfews during unrest under bill

A bill that would allow police chiefs to declare temporary curfews during civil unrest passed in the Virginia House last week.

Senate Minority Leader Tommy Norment sponsored the bill that would allow localities to authorize the police chief to set a curfew for 24 hours or less amid a “clear and present danger.”



The legislation passed a House of Delegates gatekeeper subcommittee 7-1 on Friday, Feb. 10, as first reported by the Richmond Times Dispatch. Last month, the bill passed in the Senate 27-12.

Localities have the ability to set curfews now, but getting the necessary people to pass emergency measures takes time. The bill would allow the police chief to respond to spontaneous events by regulating, restricting or barring people assembling if there’s a threat of a civil commotion or a riot.

In cities, the police chief would have to get the mayor or city manager to agree to the curfew.

The idea of the temporary curfews is to give local governments time to meet to pass emergency ordinances or to extend the curfew if needed.

If the bill becomes law, any violation would be a Class 1 misdemeanor, which carries up to a year in jail and a $2,500 fine.

The bill states that when and where the curfew applies has to be laid out and the public must be notified.

The curfews wouldn’t apply to everyone. Here are some exceptions:

  • Any person traveling to or from home, work, or a place of worship;
  • Medical personnel;
  • Members of the press;
  • Federal, state, and local employees and volunteers engaged in official business, including emergency response;
  • Military personnel, including but not limited to National Guard troops;
  • Travel to or from public meetings of the local governing body;
  • Persons seeking emergency services or fleeing any emergency or danger or acting to save other persons from an emergency or danger; and
  • Persons who are incapacitated or who are seeking medical care for themselves or others.

WTOP’s Ralph Fox contributed to this report.

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