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2020 SESSION
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, "hate crime"
As used in this section:
"Disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities.
"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, gender, disability, gender identity,
sexual orientation, 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, gender,
disability, gender identity, sexual orientation, 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, gender, disability, gender identity, sexual
orientation, or ethnic or national origin.