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2024 SESSION

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24104284D
HOUSE BILL NO. 147 Offered January 10, 2024 Prefiled January 2, 2024 A BILL to amend and reenact § 15.2-1716.1 of the Code of Virginia, relating to reimbursement of expenses incurred in responding to terrorism hoax incident, bomb threat, malicious activation of fire alarm, or false emergency communication to emergency personnel. ---------- Patron-- Reid ---------- Referred to Committee on Counties, Cities and Towns ----------

Be it enacted by the General Assembly of Virginia:

1. That § 15.2-1716.1 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-1716.1. Reimbursement of expenses incurred in responding to terrorism hoax incident, bomb threat, or malicious activation of fire alarm.

A. As used in this section, "appropriate emergency response" includes all costs of providing law-enforcement, firefighting, and emergency medical services.

B. Any locality may provide by ordinance that any person who is convicted of a violation of subsection B or C of § 18.2-46.6, a felony violation of § 18.2-83 or 18.2-84, or a violation of § 18.2-212 or 18.2-461.1, when his violation of such section is the proximate cause of any incident resulting in an appropriate emergency response, shall be liable at the time of sentencing or in a separate civil action to the locality, the Virginia State Police, or any volunteer emergency medical services agency, or any combination thereof, which may provide such emergency response for the reasonable expense thereof, in an amount not to exceed $2,500 in the aggregate for a particular incident occurring in such locality. In determining the "reasonable expense," a locality may bill a flat fee of $250 or a minute-by-minute accounting of the actual costs incurred. As used in this section, "appropriate emergency response" includes all costs of providing law-enforcement, firefighting, and emergency medical services. The provisions of this section shall not preempt or limit any remedy available to the Commonwealth, to the locality, or to any volunteer emergency medical services agency to recover the reasonable expenses of an emergency response to an incident not involving a terroristic hoax or an act undertaken in violation of § 18.2-83, 18.2-84, 18.2-212, or 18.2-461.1 as set forth herein.

C. Any locality may provide by ordinance that any person over 18 years of age who is convicted of a violation of § 18.2-461.1, when his violation of such section is the proximate cause of any incident resulting in an appropriate emergency response, shall be liable at the time of sentencing or in a separate civil action to the locality, the Virginia State Police, or any volunteer emergency medical services agency, or any combination thereof, which may provide such emergency response for the reasonable expense thereof for a particular incident occurring in such locality. In determining the "reasonable expense," a locality may bill a flat fee of $2,500 or a minute-by-minute accounting of the actual costs incurred.

D. Any locality may provide by ordinance that any person under 18 years of age who is convicted of a violation of § 18.2-461.1, when his violation of such section is the proximate cause of any incident resulting in an appropriate emergency response, shall be liable at the time of sentencing or in a separate civil action to the locality, the Virginia State Police, or any volunteer emergency medical services agency, or any combination thereof, which may provide such emergency response for the reasonable expense thereof, in an amount not to exceed $2,500 in the aggregate for a particular incident occurring in such locality. In determining the "reasonable expense," a locality may bill a flat fee of $2,500 or a minute-by-minute accounting of the actual costs incurred.

E. The provisions of this section shall not preempt or limit any remedy available to the Commonwealth, to the locality, or to any volunteer emergency medical services agency to recover the reasonable expenses of an emergency response to an incident not involving a terroristic hoax or an act undertaken in violation of § 18.2-83, 18.2-84, 18.2-212, or 18.2-461.1 as set forth herein.