2023 Session

Budget Amendments - HB1400 (Floor Request)

Floor Action: Passed By

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Chief Patron: Scott D
Bar Insurrection Participants from Holding Offices of Public Trust (language only)

Item 4-14 #1h

Item 4-14 #1h

Effective Date


Page 760, after line 48, insert:

"31.  That § 18.2-413 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-413. Commission of certain offenses in county, city or town declared by Governor to be in state of riot or insurrection; bar to serving in positions of public trust.

A. Any person, who after publication by the Governor, or who after lawful notice to disperse and retire, resists or aids in resisting the execution of process in any county, city, or town declared to be in a state of riot or insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting a force ordered out by the Governor or any sheriff or other officer to quell or suppress an insurrection or riot, shall be guilty of a Class 5 felony.

B. Any person convicted of any violation of 18 U.S.C. 2383, 18 U.S.C. 2384, 18 U.S.C. 1512(c) in relation to the administration or certification of an election, or any substantially similar offense under the laws of the Commonwealth or another state shall be barred for life from serving in any position of public trust within the Commonwealth. As used in this subsection, "position of public trust" means any position in which a person performs work that involves a significant degree or public trust and confidence that such person will carry out the work in accordance with applicable laws, regulations, and guidelines, including positions with policy making or major program responsibilities or fiduciary monetary responsibilities, educational positions, law-enforcement positions, and public safety or public health positions."


(This amendment would amend the Code of Virginia to bar for life from positions of public trust any person convicted of certain violations in relation to the administration or certification of an election.)