Va. Code Ann. tit. 19.2, ch. 7.1

in effect

Va. Code Ann. § 19.2-83.3 Definitions

As used in this chapter, unless the context requires a different meaning: "Deadly force" means any force that is likely or intended to cause serious bodily injury or death. "Deadly weapon" means any object, other than a body part or stationary object, that in the manner of its actual, attempted, or threatened use is likely to cause serious bodily injury or death. "Excessive force" means any force that is objectively unreasonable given the totality of the circumstances, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight. "Kinetic impact munitions" includes impact rounds and baton rounds, such as rubber batons, bean bag rounds, foam baton rounds, and plastic, wax, wood, or rubber-coated projectiles. "Neck restraint" means the use of any body part or object to attempt to control or disable a person by applying pressure against the neck, including the trachea or carotid artery, with the purpose, intent, or effect of controlling or restricting the person's movement or restricting the person's blood flow or breathing, including chokeholds, carotid restraints, and lateral vascular neck restraints. 2020, Sp. Sess. I, cc. 25 , 35 , 37 , 55 .

Va. Code Ann. § 19.2-83.4 Prohibited practices for law-enforcement officers during an arrest or detention

A. The use of a neck restraint by a law-enforcement officer is prohibited unless the use of a neck restraint is immediately necessary to protect the law-enforcement officer or another person from death or serious bodily injury. B. The willful discharge of a firearm by a law-enforcement officer into or at a moving vehicle is prohibited unless the discharge of a firearm is immediately necessary to protect the law-enforcement officer or another person from death or serious bodily injury. C. The use of kinetic impact munitions by a law-enforcement officer is prohibited unless the use of kinetic impact munitions is necessary to protect the law-enforcement officer or another person from bodily injury. 2020, Sp. Sess. I, cc. 35 , 37 , 55 .

Va. Code Ann. § 19.2-83.5 Use of deadly force by a law-enforcement officer during an arrest or detention

A. A law-enforcement officer shall not use deadly force against a person unless: 1. The law-enforcement officer reasonably believes that deadly force is immediately necessary to protect the law-enforcement officer or another person, other than the subject of the use of deadly force, from the threat of serious bodily injury or death; 2. If feasible, the law-enforcement officer has provided a warning to the subject of the deadly force that he will use deadly force; 3. The law-enforcement officer's actions are reasonable, given the totality of the circumstances; and 4. All other options have been exhausted or do not reasonably lend themselves to the circumstances. B. In determining if a law-enforcement officer's use of deadly force is proper, the following factors shall be considered: 1. The reasonableness of the law-enforcement officer's belief and actions from the perspective of a reasonable law-enforcement officer on the scene at the time of the incident; and 2. The totality of the circumstances, including (i) the amount of time available to the law-enforcement officer to make a decision; (ii) whether the subject of the use of deadly force (a) possessed or appeared to possess a deadly weapon and (b) refused to comply with the law-enforcement officer's lawful order to surrender an object believed to be a deadly weapon prior to the law-enforcement officer using deadly force; (iii) whether the law-enforcement officer engaged in de-escalation measures prior to the use of deadly force, including taking cover, waiting for backup, trying to calm the subject prior to the use of force, or using non-deadly force prior to the use of deadly force; (iv) whether any conduct by the law-enforcement officer prior to the use of deadly force intentionally increased the risk of a confrontation resulting in deadly force being used; and (v) the seriousness of the suspected crime. 2020, Sp. Sess. I, c. 37 .

Va. Code Ann. § 19.2-83.6 Failure of a law-enforcement officer to intervene in use of excessive force

A. Any law-enforcement officer who, while in the performance of his official duties, witnesses another law-enforcement officer engaging or attempting to engage in the use of excessive force against another person shall intervene, when such intervention is feasible, to end the use of excessive force or attempted use of excessive force, or to prevent the further use of excessive force. A law-enforcement officer shall also render aid, as circumstances reasonably permit, to any person injured as the result of the use of excessive force. B. Any law-enforcement officer who intervenes pursuant to subsection A or who witnesses another law-enforcement officer engaging or attempting to engage in the use of excessive force against another person shall report such intervention or use of excessive force in accordance with the law-enforcement officer's employing agency's policies and procedures for reporting misconduct committed by a law-enforcement officer. No employing agency shall retaliate, threaten to retaliate, or take or threaten to take any disciplinary action against a law-enforcement officer who intervenes pursuant to subsection A or makes a report pursuant to this subsection. 2020, Sp. Sess. I, cc. 25 , 37 .

Va. Code Ann. § 19.2-83.6:1 Duty of law-enforcement officer to render aid upon danger to life or limb; immunity from civil liability

A. Any law-enforcement officer, as defined in § 9.1-101 , while engaged in the performance of his duties, shall have a duty to render aid to any person that such law-enforcement officer observes suffering from a serious bodily injury or life-threatening condition, as circumstances objectively permit and provided that such law-enforcement officer determines such aid may be rendered without endangering himself, the person, or others. B. In the absence of gross negligence or willful misconduct, a law-enforcement officer shall not be liable for any personal injury or wrongful death resulting from the rendering or withholding of such aid in accordance with the provisions of this section. 2026, c. 583 .

Va. Code Ann. § 19.2-83.6:2 Prohibition on wearing of facial coverings; penalty

A. For the purposes of this section: "Facial covering" means any opaque mask, garment, helmet, headgear, or other item or device whereby a substantial portion of the face is hidden or covered to conceal the identity of the wearer, including a balaclava, tactical mask, gator, ski mask, or other similar face-shielding item or device. "Facial covering" does not include sunglasses or prescription eyewear, provided that such sunglasses or eyewear does not otherwise conceal a substantial portion of the wearer's face. "Law-enforcement agency" means any agency or department responsible for the prevention and detection of crime and the enforcement of the penal, traffic, or highway laws of the Commonwealth. "Law-enforcement officer" means (i) the same as that term is defined in § 9.1-101 and (ii) any full-time or part-time employee of a federal law-enforcement agency. B. Except as provided in subsection C, no law-enforcement officer shall wear a facial covering that conceals, obscures, or otherwise covers his face while such law-enforcement officer is engaged in the performance of his official duties. C. The provisions of this section shall not apply to the use of the following by a law-enforcement officer when engaged in the performance of his official duties: 1. A translucent face shield or clear mask, provided that such face shield or mask does not conceal the wearer's identity; 2. An N95 medical mask or surgical mask to protect against the transmission of disease or infection; 3. A mask, helmet, or other device necessary to protect against exposure to any toxin, gas, smoke, severe weather conditions that present a threat to health and safety, such as during the period for which a cold weather advisory has been issued for the area by the National Weather Service, or other hazardous or harmful environmental condition, including a respirator or self-contained breathing apparatus; 4. A mask, helmet, or other device necessary for underwater use; 5. A motorcycle helmet, or, when agency policy determines, other facial covering when a law-enforcement officer is utilizing a motorcycle or other vehicle that requires a helmet for safety, provided that the law-enforcement officer lowers or removes such facial covering to expose the law-enforcement officer's face before he engages with another person; 6. Protective eyewear necessary for protection against retinal weapons, including lasers; 7. A facial covering used by any law-enforcement officer assigned to a special weapons and tactics (SWAT) team or other specialized tactical team or unit while engaged in the performance of official SWAT team duties; or 8. A facial covering worn by a law-enforcement officer who is assigned to an undercover, drug, gang, or surveillance unit where the protection of such law-enforcement officer's identity is necessary as determined by the law-enforcement agency overseeing such unit or other responsible law-enforcement agency. D. (Effective until June 30, 2028) Except as otherwise provided by this section, a law-enforcement officer, while engaged in the performance of his official duties, shall visibly display (i) a badge or insignia bearing such law-enforcement officer's name or other individual identifier unique to that particular law-enforcement officer and (ii) the name of the law-enforcement agency that employs such law-enforcement officer. Any law-enforcement officer engaged in (a) special weapons and tactics (SWAT) teams or other specialized tactical teams or units while engaged in the performance of official SWAT team duties, or (b) undercover, drug, gang, executive protection, or surveillance units where the protection of such law-enforcement officers' identities are necessary, is exempt from the provisions of this subsection. D. (Effective June 30, 2028) Except as otherwise provided by this section, a law-enforcement officer, while engaged in the performance of his official duties, shall visibly display (i) a badge or insignia bearing such law-enforcement officer's name or other individual identifier unique to that particular law-enforcement officer and (ii) the name of the law-enforcement agency that employs such law-enforcement officer. E. A law-enforcement officer who violates the provisions of this section is guilty of a Class 1 misdemeanor unless the law-enforcement agency that employs such law-enforcement officer has adopted and established a written policy for the use of facial coverings, using as guidance the model policy established by the Department of Criminal Justice Services under § 9.1-102 . 2026, cc. 1131 , 1132 ; 2026, Sp. Sess. I, c. 1 .

Va. Code Ann. § 19.2-83.7 Penalties for violations of this chapter

In addition to any other penalty authorized by law, any law-enforcement officer who knowingly violates the provisions of this chapter shall be subject to disciplinary action, including dismissal, demotion, suspension, or transfer of the law-enforcement officer or decertification as provided in subsection E of § 15.2-1707 . 2020, Sp. Sess. I, cc. 25 , 35 , 37 , 55 ; 2024, c. 494 .

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://law.lis.virginia.gov/vacode/title19.2/chapter7.1/Fetched: 10/16/2026