School security officers; scope of employment, certain veterans permitted to carry.
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HB 8 — School security officers; scope of employment, certain veterans permitted to carry.
Last action — Passed by indefinitely in Rules (13-Y 3-N)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House of Delegates
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2022 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
School security officers; scope of employment;carrying firearm in performance of duties. Provides that eachschool security officer, in addition to performing each enumeratedduty, is responsible for carrying out any other duty assigned to himby the local school board, excluding enforcement of discipline reservedsolely and exclusively to school administrators. The bill permitsa school security officer to carry a firearm in the performance ofhis duties if (i) within 10 years immediately prior to being hiredby the local school board or private or religious school, he was anactive duty member in the Armed Forces of the United States who servedon active duty for at least 10 years and received an honorable dischargefrom such service and (ii) he has provided proof of completion ofthe required training course.
Bill Text
What changed in the latest version
246 added · 241 removedPlain-language change summary
The amendment to Bill HB 8 includes the removal of the term "Board," which referred to the Criminal Justice Services Board, and the definition of "criminal history record information" has been slightly reworded. Additionally, the amendment specifies that it pertains to certain veterans permitted to carry a firearm in the performance of their duties. This change clarifies the scope of the bill regarding school security officers and the involvement of veterans in law enforcement activities.
SESSION INTRODUCEDHOUSE 22103404DSUBSTITUTE I22104669D HOUSE BILL NO.
8 OfferedAMENDMENT JanuaryIN 12,THE 2022NATURE NOF PrefiledA DecemberSUBSTITUTE 17,(Proposed 2021by Tthe House Committee on Education on January 19, 2022) (Patron Prior to Substitute––Delegate Anderson) A BandBILL 22.1-280.2:1to ofamend theand Codereenact of§§ Virginia,9.1-101, relatingas it is currently effective and as it shall become effective, certain veterans permitted to schoolcarry securityfirearm officers;in the performance of duties.icers;
scope of empRoyment;employment;
certainBe veterans.it enacted by the General Assembly of Virginia:
–––––––––– O Patrons––Anderson, Avoli, Ballard, Campbell, R.R., Cherry, Cordoza, Freitas, Runion, Scott, P.AD, Tata, Webert and Williams –––––––––– U Referred to Committee on Education C –––––––––– 1.
D § 9.1-101.
524 and 542) Definitions.DefAs used in this chapter or in Chapter 23 (§ 19.2-387 et seq.) of Title 19.2, unless the context requires a different meaning:
As"Administration usedof incriminal thisjustice" chaptermeans orperformance inof Chapterany 23activity (§directly 19.2-387involving etthe seq.)detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of Titleaccused 19.2,persons unlessor criminal offenders or the contextcollection, requiresstorage, aand differentdissemination meaning:of criminal history record information.
"Administration"Conviction ofdata" criminal justice" means performanceinformation ofin any activity directly involving the detection,custody apprehension,of detention,any pretrialcriminal release,justice post-trialagency release,relating prosecution,to adjudication,a storage,judgment and dissemination of criminalconviction, historyand record information.criminal offenders or the collection,consequences "Board"arising meanstherefrom, thein Criminalany Justicecourt. Services Board.
BE "Conviction"Correctional data"status information" means informationrecords inand thedata custodyconcerning each condition of anya criminalconvicted justiceperson's agencycustodial relatingstatus, toincluding aprobation, judgmentconfinement, work release, study release, escape, or termination of conviction,custody andthrough theexpiration consequencesof arisingsentence, therefrom,parole, inpardon, anyor court.court decision.
"Correctional"Criminal statushistory record information" means records and data concerningcollected eachby conditioncriminal ofjustice aaSencies convictedindictments, person'sinformations, custodial status, including probation, confinement, work release, study release, escape, or terminationother offormal custodycharges, throughand expirationany ofdisposition sentence,arising parole,therefrom. pardon, or court decision.
"Criminal history record information" means records and data collected by criminal justice agencies indictments, informations, or other formal charges, and any disposition arising therefrom.
34S "Criminal justice agency" means (i) a court or any other governmental agency or subunit thereoftherTof 35 which as its principal function performs the administration of criminal justice and any other agency or 36 subunit thereof which performs criminal justice activities, but only to the extent that it does so;
(ii) for 37 the purposes of Chapter 23 (§ 19.2-387 et seq.) of Title 19.2, any private corporation or agency which, 36 within the context of its criminal justice activities, employs special conservators of the peacT appointed 37 under Chapter 2 (§ 19.2-12 et seq.) of Title 19.2, provided that (a) such private corporation or agencytedagency 38 requires its officers or special conservators to meet compulsory training standards established by the 39 Criminal Justice Services Board and submits reports of compliance with the training standards andaTd (b) the private corporation or agency complies with the provisions of Article 3 (§ 9.1-126 et seq.), but only to the extent that the private corporation or agency so designated as a criminal justice agencyagencyEperformsy performs criminal justice activities;
§"Criminal 18.2-271.2.justicejustice agency" includes any program certified by the Commission on VASAP pursuant to "Criminal§ 1"Criminal justice agency" includes the Department of Criminal Justice Services.
H "Criminal justice information system" means a system including the equipment, facilities, procedures,prBcedures, agreements, and organizations thereof, for the collection, processing, preservation, or disseminationdissemiHation of criminal history record information.
The operations of the system may be performed manually or by1y usingusi"Department" electronicmeans computersthe orDepartment otherof automatedCriminal dataJustice processingServices.pment. equipment.
"Dissemination" means any transfer of information, whether orally, in writing, or by electronic HB8 2 of 5 means.
"Law-enforcement officer" means any full-time or part-time employee of a police department or sheriff's office which is a part of or administered by the Commonwealth or any political subdivision HB8H1 2 of 5 thereof, or any full-time or part-time employee of a private police department, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, and shall include any (i) special agent of the Virginia Alcoholic Beverage Control Authority;
"School security officer" means an individual who is employed by the local school board or a private or religious school for the singular purpose of maintaining order and discipline, preventing crime, investigating violations of the policies of the school board or the private or religious school, and detaining students violating the law or the policies of the school board or the private or religious school on school property, school buses, or at school-sponsored events and who is responsible solely for ensuring the safety, security, and welfare of all students, faculty, staff, and visitors in the assigned of 5 school and carrying out any other duty assigned to him by the local school board.board, excluding enforcement of discipline reserved solely and exclusively to school administrators.
"Unapplied criminal history record information" means information pertaining to criminal offInsesoffenses submitted to the Central Criminal Records Exchange that cannot be applied to the criminal histoNyhistory of 5 or other accepted means of positive identification or (ii) due to an inconsistency, error, or omissions within the content of the submitted information.
T § 9.1-101.
524 and 542) DefiRitions.Definitions.
O "Administration of criminal justice" means performance of any activity directly involving thD detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, storage,correctional andsupervision, disseminationor rehabilitation of criminalaccused historypersons recordor information.criminalcriminal offenders or the colUection,collection, "Board"storage, meansand thedissemination Criminalof Justicecriminal Serviceshistory Board.record information.
C"Board" "Conviction data" means information in the custodyCriminal ofJustice anyServices criminalBoard. justice agency relating tE a judgment of conviction, and the consequences arising therefrom, in any court.
"Correctional"Conviction data" means information in the custody of any criminal justice agency relating to a jud"Correctional status information" means records and data concerning each condition of a convicted person's custodial status, including probation, confinement, work release, study release, escape, or termination of custody through expiration of sentence, parole, pardon, or court decision.
H "Criminal history record information" means records and data collected by criminal justice agencies on adult individuals consisting of identifiable descriptions and notations of arrests, detentions,ciesdetentions, indictments,not informations,include orjuvenile otherrecord formalinformation charges,which andis anycontrolled dispositionby arisingChapter therefrom.11 (§ 16.1-226 et seq.) Uf Titlell 16.1, criminal justice intelligence information, criminal justice investigative information, or correctional status information.
TheS term"Criminal shalljustice notagency" includemeans juvenile(i) recorda informationcourt or any other governmental agency or subunit thereof which isas controlledits byprincipal function performs the administration of criminal justice and any other aEency or the purposes of Chapter 1123 (§ 16.1-22619.2-387 et seq.) of Title 16.1,19.2, criminalany justiceprivate intelligencecorporation information,or agency which,) for within the context of its criminal justice investigativeactivities, information,employs special conservators of the peace appointed under Chapter 2 (§ 19.2-12 et seq.) of Title 19.2, provided that (a) such private corporation oS agency requires its officers or correctionalspecial statusconservators information.to meet compulsory training standards established by the Criminal Justice Services Board and submits reports of compliance with the training standards aUd (b) to the extent that the private corporation or agency so designated as a criminal justice agency performsy criminal justice activities;
Hand "Criminal(iii) justice agency" means (i) a court or any other governmental agency or subunit ther8of which as its principal function performs the administrationOffice of criminal justice and any other agency or the purposesAttorney ofGeneral, Chapter 23 (§ 19.2-387 et seq.) of Title 19.2, any private corporation or agency which,) for withinall the context of its criminal justicejusSice activities,activities employs special conservators of the peace appointed under Chapter 2 (§ 19.2-12 et seq.) of Title 19.2, provided that (a) such private corporation or agency requires its officers or special conservators to meet compulsory training standards established by the Criminal Justice Services Board and submits reports of compliance with the training standards and (b) the private corporation or agency complies with the provisions of Article 3 (§ 9.1-126 et seq.), but only to the extent that the private corporation or agency so designated as a criminal justice agency performs otherwise permitted under clause (i) and for the purpose of performing duties required by the Civil activities Commitment of Sexually Violent Predators Act (§ 37.2-900 et seq.).
T "Criminal justice agency" includes any program certified by the Commission on VASAP pursuantpursuantIto to § 18.2-271.2.1"Criminal justice agency" includes the Department of Criminal Justice Services.
"Criminal justice agency" includes the Department of Criminal Justice Services.
T "Criminal justice agency" includes the Virginia State Crime Commission.
U "Criminal justice information system" means a system including the equipment, facilities, prTcedures, agreements, and organizations thereof, for the collection, processing, preservation, or dissemination of criminalusing historyelectronic recordcomputers information.or other automated data processing equipment.
The operations of the system may be performed manually or byEy using"Department" electronicmeans computersthe orDepartment otherof automatedCriminal dataJustice processingServices. equipment.
"Department" means the Department of Criminal Justice Services.
sheriff's office which is a part of or administered by the Commonwealth or any political subdivision thereof, or any full-time or part-time employee of a private police department, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway lawsBaws of the Commonwealth, and shall include any (i) special agent of the Virginia Alcoholic Beverage ControlCoHtrol Authority;
(iii) officer of the VirginiaV1rginia Marinedivision Police;of the Department of Wildlife Resources;
(iv)(v) conservationinvestigator police officer who is a full-time sworn member of thetheent enforcementsecurity division of the DepartmentVirginia ofLottery; Wildlife Resources;
(v)(vi) investigatorconservation whoofficer isof athe swornDepartment member of theConservation and Recreation commissioned pursuant to § 10.1-115;
(vii) full-time sworn member of the enforcementrvationenforcement and HB8 4 of 5 division of the Department of Motor Vehicles appointed pursuant to § 46.2-217;
Show all 52 changed lines (12 more)
(x) member of the investigations unit HB8H1 4 of 5 designated by the State Inspector General pursuant to § 2.2-311 to investigate allegations of criminal behavior affecting the operations of a state or nonstate agency;
"School security officer" means an individual who is employed by the local school board or a private or religious school for the singular purpose of maintaining order and discipline, preventing crime, investigating violations of the policies of the school board or the private or religious school, and detaining students violating the law or the policies of the school board or the private or religious school on school property, school buses, or at school-sponsored events and who is responsible solely for ensuring the safety, security, and welfare of all students, faculty, staff, and visitors in the assigned school and carrying out any other duty assigned to him by the local school board.board, excluding enforcement of discipline reserved solely and exclusively to school administrators.
of 5 § 22.1-280.2:1.
Local school boards and private or religious schools may employ school security officers, asIdefined school may employ as a school security officer, as defined in § 9.1-101, any veteran who has served a minimum of 105 years as an active duty member in the Armed Forces of the United States, received an honorable discharge or general discharge under honorable conditions from such service, and meets the minimum certification and training requirements established by the Department of Criminal JustiRe may carry a firearm in the performance of his duties if (i) within 10 years immediately prior to being, hired by the local school board or private or religious school he (a) was an active law-enforceDent officer as defined in § 9.1-1019.1-101, infor the Commonwealthpurposes orset (b)forth wastherein. employed by a law-enforcement agency to those of a law-enforcement officer as defined in § 9.1-101;
(ii)Such heschool retiredsecurity officer may carry a firearm in the performance of his duties if (i) within 10 years immediately prior to being hired by the local school board or resignedprivate fromor hisyreligious similarschool positionhe as(a) awas an active law-enforcement officer as defined in good§ 9.1-101 standing;
(iii)(b) hewas meetsemployed by a law-enforcement agency of the trainingUnited States or any state or political subdivision thereof and qualificationshis, describedhad induties subsectionthat Cwere substantially similar to those of §a 18.2-308.016;law-enforcement good standing;
(iv)or he(c) haswas providedan proofactive ofduty completionmember of a traiEing course that includes training in activethe shooterArmed emergencyForces response,of emergencythe evacuationUnited procedure,States andwho §servedicer 9.1-102,in providedon thatactive ifduty hefor receivedat suchleast training10 fromyears aand local law-enforcement agency he received thean traininghonorable indischarge thefrom localitysuch inservice; which he is employed;
(v)(ii) thehe localretired schoollaw-enforcement boardofficer, orhe privatemeets orthe religioustraining schooland solicitsqualifications inputdescribed fromin thesubsection chiefC law-enforcement officer of the locality regarding the qualifications of school security officer is not prohibited by state or federal law from possessing, purchasing, ort the transporting a firearm;§ 18.2-308.016;
and(iv) (vi)(iii) thehe localhas schoolprovided boardproof orof privatecompletion orof religiousa schooltraining grantscourse himthat theincludes authoritytraining in active shooter emergency response, emergency evacuation procedure, and threat assessment to carrythe received such training from a firearmlocal law-enforcement agency he received the training in the performancelocality ofin hiswhich duties.he is employed;
H(v) 8(iv) the local school board or private or religious school solicits input from officer and receives verification from such chief law-enforcement officer that the school security officer is not prohibited by state or federal law from possessing, purchasing, or transporting a firearm;
and (vi) performance of his duties.
or private or religious school grants him the authority to carry a fUrearm in the S E S U B S T I T U T E H B 1
Show all 52 changed rows (12 more)
View plain text versions (2)
- Committee Substitute Committee substitute printed 22104669D-H1 Current pdf January 19, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22103404D pdf December 17, 2021
Action History
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Passed by indefinitely in Rules (13-Y 3-N)
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Rereferred to Rules
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Rereferred from Education and Health (9-Y 6-N)
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Referred to Committee on Education and Health
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Constitutional reading dispensed
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VOTE: Passage (52-Y 46-N)
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Read third time and passed House (52-Y 46-N)
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Engrossed by House - committee substitute HB8H1
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Committee substitute agreed to 22104669D-H1
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Read second time
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Read first time
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Impact statement from DPB (HB8H1)
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Committee substitute printed 22104669D-H1
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Reported from Education with substitute (12-Y 10-N)
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House committee, floor amendments and substitutes offered
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Subcommittee recommends reporting with amendments (5-Y 3-N)
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House subcommittee amendments and substitutes offered
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Assigned Education sub: K-12
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Impact statement from DPB (HB8)
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Referred to Committee on Education
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Prefiled and ordered printed; offered 01/12/22 22103404D
Sponsors
- Jason S. Ballard · Cosponsor
- Mike A. Cherry · Cosponsor
- Chris S. Runion · Cosponsor
- Phillip A. Scott · Cosponsor
- Anne Ferrell Tata · Cosponsor
- Michael J. Webert · Cosponsor
- Wren M. Williams · Cosponsor
- Jessica L. Anderson · Primary
- Nicholas J. Freitas · Cosponsor
- A.C. Cordoza · Cosponsor
- Ronnie R. Campbell · Cosponsor
- G. "John" Avoli · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 11 co-sponsors · 136 not signed on · 54 voted No
"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 3 | 0 | 0 |
| Total | 13 | 3 | 0 | 0 |
| % of votes cast | 81% | 19% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| Barbara A. Favola | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Howell, Janet D. | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ryan T. McDougle | — | Nay |
| Saslaw, Richard L. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 6 | 0 | 0 |
| Total | 9 | 6 | 0 | 0 |
| % of votes cast | 60% | 40% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Cosgrove, John A., Jr. | — | Nay |
| David R. Suetterlein | — | Nay |
| Dunnavant, Siobhan S. | — | Nay |
| Edwards, John S. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark J. Peake | — | Nay |
| Newman, Stephen D. | — | Nay |
| Petersen, J. Chapman | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Todd E. Pillion | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 51 | 46 | 0 | 2 |
| Total | 51 | 46 | 0 | 2 |
| % of votes cast | 52% | 46% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 10 | 0 | 0 |
| Total | 12 | 10 | 0 | 0 |
| % of votes cast | 55% | 45% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Greenhalgh, Karen S. | — | Yea |
| Anne Ferrell Tata | — | Yea |
| Avoli, G. "John" | — | Yea |
| Batten, Amanda E. | — | Yea |
| Bourne, Jeffrey M. | — | Nay |
| Briana D. Sewell | — | Nay |
| Coyner, Carrie E. | — | Yea |
| Davis, Glenn R. | — | Yea |
| Delores L. McQuinn | — | Nay |
| Filler-Corn, Eileen | — | Nay |
| Freitas, Nicholas J. | — | Yea |
| Guzman, Elizabeth R. | — | Nay |
| LaRock, Dave A. | — | Yea |
| McGuire, John J., III | — | Yea |
| Michelle Lopes Maldonado | — | Nay |
| Mike A. Cherry | — | Yea |
| Sam Rasoul | — | Nay |
| Schuyler T. VanValkenburg | — | Nay |
| Shelly A. Simonds | — | Nay |
| Subramanyam, Suhas | — | Nay |
| Tara A. Durant | — | Yea |
| Wampler, William C., III | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 3 | 0 | 1 |
| Total | 5 | 3 | 0 | 1 |
| % of votes cast | 56% | 33% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Anne Ferrell Tata | — | Yea |
| Avoli, G. "John" | — | Yea |
| Davis, Glenn R. | — | Not Voting |
| LaRock, Dave A. | — | Yea |
| McGuire, John J., III | — | Yea |
| Michelle Lopes Maldonado | — | Nay |
| Schuyler T. VanValkenburg | — | Nay |
| Subramanyam, Suhas | — | Nay |
| Tara A. Durant | — | Yea |
Subjects
Frequently asked questions
- What does HB 8 do?
- School security officers; scope of employment;carrying firearm in performance of duties. Provides that eachschool security officer, in addition to performing each enumeratedduty, is responsible for carrying out any other duty assigned to himby the local school board, excluding enforcement of discipline reservedsolely and exclusively to school administrators. The bill permitsa school security officer to carry a firearm in the performance ofhis duties if (i) within 10 years immediately prior to being hiredby the local school board or private or religious school, he was anactive duty member in the Armed Forces of the United States who servedon active duty for at least 10 years and received an honorable dischargefrom such service and (ii) he has provided proof of completion ofthe required training course.
- Who sponsors HB 8?
- HB 8 is sponsored by Jason S. Ballard, Mike A. Cherry, Chris S. Runion, Phillip A. Scott, Anne Ferrell Tata, Michael J. Webert, Wren M. Williams, Jessica L. Anderson, Freitas, Nicholas J., Cordoza, A.C., Campbell, Ronnie R., and Avoli, G. "John".
- What is the current status of HB 8?
- This bill died with 2022 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 8?
- Track HB 8 free on One Click Politics — get push/email alerts when it moves.
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