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2017 SESSION

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17100179D
HOUSE BILL NO. 1398 Offered January 11, 2017 Prefiled August 9, 2016 A BILL to amend and reenact § 52-8.5 of the Code of Virginia, relating to hate crimes; acts against law-enforcement officers, firefighters, and EMS personnel. ----------
Patrons-- Bell, Richard P., Campbell, Cole, Dudenhefer, Edmunds, Fariss, Fowler, Greason, Hugo, Kory, Landes, Lingamfelter, Minchew, O'Quinn, Orrock and Poindexter
---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 52-8.5 of the Code of Virginia is amended and reenacted as follows:

§ 52-8.5. Reporting hate crimes.

A. The Superintendent shall establish and maintain within the Department of State Police a central repository for the collection and analysis of information regarding hate crimes and groups and individuals carrying out such acts.

B. State, county and municipal law-enforcement agencies shall report to the Department all hate crimes occurring in their jurisdictions in a form, time and manner prescribed by the Superintendent. Such reports shall not be open to public inspection except insofar as the Superintendent shall permit.

C. For purposes of this section,:

"Emergency medical services (EMS) personnel" means the same as that term is defined in § 32.1-111.1.

"Firefighter" means the same as that term is defined in § 65.2-102.

"hateHate 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 or, ethnic origin, or employment status as (a) a law-enforcement officer, (b) a firefighter, or (c) EMS personnel  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 or, national origin, or employment status as (a) a law-enforcement officer, (b) a firefighter, or (c) EMS personnel; and (iii) all other incidents, as determined by law-enforcement authorities, intended to intimidate or harass any individual or group because of race, religion or, national origin, or employment status as (a) a law-enforcement officer, (b) a firefighter, or (c) EMS personnel.

"Law-enforcement officer" means the same as that term is defined in § 9.1-101.