SB 45 — Hate crimes; disability, civil action, penalty.

SESSION history | hilite | pdf | print version 18100377D18104779D SENATE BILL NO.

45 OfferedAMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee for Courts of Justice on January 10,15, 20182018) Prefiled(Patron NovemberPrior 21,to 2017Substitute--Senator Favola) A BILL to amend and reenact §§ 8.01-42.1, 8.01-49.1, 18.2-57, 18.2-121, and 52-8.5 of the Code of Virginia, relating to hate crimes;

----------Be Patrons--it Favola,enacted Marsdenby andthe Vogel;General Assembly of Virginia:

Delegate:

Kory ---------- Referred to Committee for Courts of Justice ---------- Be it enacted by the General Assembly of Virginia:

"Law-enforcement officer" means any full-time or part-time employee of a police department or sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115, any special agent of the Virginia Alcoholic Beverage Control Authority, conservation police officers appointed pursuant to § 29.1-200, full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217, and any employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of § 53.1-10, and such officer also includes jail officers in local and regional correctional facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court services or local jail responsibilities, auxiliary police officers appointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733, auxiliary deputy sheriffs appointed pursuant to § 15.2-1603, police officers of the Metropolitan Washington Airports Authority pursuant to § 5.1-158, and fire marshals appointed pursuant to § 27-30 when such fire marshals have police powers as set out in §§ 27-34.2 and 27-34.2:1.

For purposes of this section, "hate crime" means (i) a criminal act committed against a person or his property with the specific intent of instilling fear or intimidation in the individual against whom the act is perpetrated because of race, religion, disability, or ethnic or national origin or that is committed for the purpose of restraining that person from exercising his rights under the Constitution or laws of this the Commonwealth or of the United States,;

(ii) any illegal act directed against any persons or their property because of those persons' race, religion, disability, or ethnic or national origin,;

and (iii) all other incidents, as determined by law-enforcement authorities, intended to intimidate or harass any individual or group because of race, religion, disability, or ethnic or national origin.

That the provisions of this act amending § 52-8.5 of the Code of Virginia shall become effective on January 1, 2019.

3.

Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0________ for periods of imprisonment in state adult correctional facilitiesfacilities; and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.

therefore, Chapter 836 of the Acts of Assembly of 2017 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000.

Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is ________ for periods of commitment to the custody of the Department of Juvenile Justice.