Bill Text: VA HB5098 | 2020 | 1st Special Session | Comm Sub


Bill Title: Hate crimes; falsely summoning or giving false reports to law-enforcement officials, penalty.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Engrossed) 2020-09-16 - Rereferred to Finance and Appropriations [HB5098 Detail]

Download: Virginia-2020-HB5098-Comm_Sub.html
20201045D
HOUSE BILL NO. 5098
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on August 26, 2020)
(Patron Prior to Substitute--Delegate Askew)
A BILL to amend and reenact §18.2-461 of the Code of Virginia, relating to hate crime; falsely summoning or giving false reports to law-enforcement officials; penalty.

Be it enacted by the General Assembly of Virginia:

1. That §18.2-461 of the Code of Virginia is amended and reenacted as follows:

§18.2-461. Falsely summoning or giving false reports to law-enforcement officials.

It shall be unlawful for any person (i) to knowingly give a false report as to the commission of any crime to any law-enforcement official with intent to mislead; (ii) to knowingly, with the intent to mislead a law-enforcement agency, cause another to give a false report to any law-enforcement official by publicly simulating a violation of Chapter 4 (§ 18.2-30 et seq.) or Chapter 5 (§18.2-77 et seq.); or (iii) without just cause and with intent to interfere with the operations of any law-enforcement official, to call or summon any law-enforcement official by telephone or other means, including engagement or activation of an automatic emergency alarm. Violation of the provisions of this section shall be punishable as a Class 1 misdemeanor. However, if a person intentionally gives a false report as to the commission of any crime to any law-enforcement official, causes another to give a false report to any law-enforcement official, or calls or summons any law-enforcement official against another person because of his race, religious conviction, gender, disability, gender identity, sexual orientation, color, or national origin, the person is guilty of a Class 6 felony.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.

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