I oppose this bill HB1314. No one is above the law no matter who they are or what their position is in the state.

Please vote YES on this bill. Our membership ask this! Qualified immunity, which this bill effectively addresses in a timid way, was born out of desire of a US Supreme Ct of originalists to protect the police from unfair prosecution. It appears no place in the U.S. Constitution nor in Virginia's and so over and over again, we have seen rogue police officers acting unlawfully secure in the knowledge that they can hide their unfair and illegal deeds from effective legal remedy. Police officers acting well and with the best interests of the public under color of law, and so have no need to fear lawsuits which they are already covered for by current law. Currently, police are held up higher in importance than regular citizens, and this is not right in a democratic republic. They tell those of us who are citizens that if we do nothing wrong, we have nothing to fear from cops. Well, turnabout is fair play. Many of our members around the U.S. have suffered from police abuse, both in person and online. The arrogant nature of police, the insistence that we cannot film them from a distance, that we cann ot question them, but they can us with impunity, are just some of the minor items police abuse. We have seen repeatedly that when cops have little scrutiny, they abuse their authority. The civilian oversight boards have become toothless tigers, and police acting online in social media sites continue to abuse Va Code 18.2-374.3 computer solicitation to attack adults acting lawfully online in order to craft a crime around them. They continue to do with no effective review by this body, and no appetite to protect citizens because other benefits acrue by not doing so. PLease VOTE YES on this bill.

Please oppose this bill.

I am a sworn law enforcement officer in the Commonwealth of Virginia with nearly eighteen years of service and extensive experience in criminal investigations and public safety operations. I respectfully submit this testimony in opposition to House Bill 1314 because, if enacted, it would have a significant and detrimental impact on law enforcement officers, agency leadership, and public safety across Virginia, and would force myself and many other experienced officers to seriously consider leaving the profession. As written, HB 1314 would effectively nullify the doctrine of qualified immunity for Virginia law enforcement officers by exposing officers and their supervisors to expansive civil liability for actions taken in the course of their official duties, even when those actions are consistent with training, policy, and clearly established law at the time. Qualified immunity is not, and has never been, a shield for misconduct. It is a narrowly tailored doctrine that protects officers from personal civil liability when they act in good faith and within established constitutional standards while performing inherently dangerous duties that often require split-second decision-making. Current Virginia and federal law already provide robust mechanisms for accountability. Law enforcement officers may be criminally charged, civilly sued, disciplined, decertified, or terminated when they violate constitutional rights, statutory law, or professional standards. Qualified immunity does not prevent lawsuits from being filed; it only limits personal liability where no clearly established law has been violated. Courts routinely deny qualified immunity when officers exceed lawful authority. The existing framework appropriately balances accountability with the realities of modern policing. HB 1314 disrupts that balance by dramatically expanding personal and supervisory liability without clear standards or procedural safeguards. Supervisors who were not present or directly involved could face liability based on hindsight rather than the facts reasonably known at the time. This creates a chilling effect on supervision, mentorship, and training, as leaders are incentivized to limit exposure rather than actively develop officers. The bill also raises serious concerns regarding indemnification and will increase insurance costs, litigation expenses, and financial strain on already resource-limited localities. This legislation encourages defensive policing, hesitation during critical incidents, and reluctance to take lawful enforcement action. At a time when Virginia agencies face severe recruitment and retention challenges, HB 1314 will accelerate the departure of experienced officers like myself and discourage qualified applicants from entering the profession, particularly in rural and high-need communities. Finally, HB 1304 risks undermining constitutional policing by replacing clearly established legal standards with after-the-fact civil litigation. Public trust is best preserved through clear laws, consistent training, and fair accountability—not by exposing officers to unpredictable personal liability for good-faith actions. For these reasons, I respectfully urge this committee to oppose House Bill 1314 and preserve the current qualified immunity framework, which already ensures accountability while allowing law enforcement to effectively serve and protect the citizens of the Commonwealth.