Bill Text: VA HB813 | 2022 | Regular Session | Comm Sub
Bill Title: Law-enforcement agencies; acquisition of military property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2022-04-11 - Governor: Acts of Assembly Chapter text (CHAP0375) [HB813 Detail]
Download: Virginia-2022-HB813-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §§2.2-5515, 15.2-1721.1, and 52-11.3 of the Code of Virginia are amended and reenacted as follows:
§2.2-5515. Acquisition of military property.
A. No agency of the Commonwealth or director or chief
executive of any agency or department employing law-enforcement officers as defined
in §9.1-101 shall acquire or purchase (i) weaponized unmanned aerial vehicles;
(ii) aircraft that are configured for combat or are combat-coded and have no
established commercial flight application; (iii) grenades or similar explosives
or grenade launchers from a surplus program operated by the federal government;
(iv) armored multi-wheeled vehicles that are mine-resistant,
ambush-protected, and configured for combat, also known as MRAPs, from a
surplus program operated by the federal government; (v) bayonets; (vi)
firearms of .50 caliber or higher; (vii) ammunition of .50 caliber or higher;
or (viii) or (v) weaponized tracked armored vehicles.
Nothing in this subsection shall restrict the acquisition or purchase of an armored high mobility multi-purpose wheeled vehicle, also known as HMMWVs, or preclude the seizure of any prohibited item in connection with a criminal investigation or proceeding or subject to a civil forfeiture. Any property obtained by seizure shall be disposed of at the conclusion of any investigation or as otherwise provided by law.
B. Any agency of the Commonwealth or director or chief executive of any agency or department employing law-enforcement officers as defined in §9.1-101 that has previously acquired any item listed in subsection A is prohibited from using such items unless such agency, director, or chief executive has received a waiver to use such items from the Criminal Justice Services Board. Any waiver request made to the Criminal Justice Services Board, except a waiver request from the Department of State Police, shall be limited to special weapons and tactics unit or other equivalent unit use only. The Department of State Police may seek a waiver for any of its units. The Criminal Justice Services Board may grant a waiver upon a showing of good cause by the requesting agency, director, or chief executive that the continued use of the item that is the subject of the waiver request has a bona fide public safety purpose.
Any agency, director, or chief executive that has filed a waiver request with the Criminal Justice Services Board may continue to use such prohibited items while such waiver request is pending before the Criminal Justice Services Board. If such waiver request is denied, the agency, director, or chief executive that filed such waiver shall no longer use such prohibited item.
C. Nothing in this section shall be construed as prohibiting the acquisition, purchase, or otherwise acceptance of any personal protective equipment, naloxone or other lifesaving medication, or any personal property that is not specifically prohibited pursuant to subsection A from the federal government.
D. The provisions of this section shall not apply to the Virginia National Guard or Virginia Defense Force.
§15.2-1721.1. Acquisition of military property by localities.
A. No locality, sheriff, chief of police, or director or chief
executive of any agency or department employing deputy sheriffs or
law-enforcement officers as defined in §9.1-101 or any public or private
institution of higher education that has established a campus police department
pursuant to Article 3 (§23.1-809 et seq.) of Chapter 8 of Title 23.1 shall
acquire or purchase (i) weaponized unmanned aerial vehicles; (ii) aircraft that
are configured for combat or are combat-coded and have no established
commercial flight application; (iii) grenades or similar explosives or grenade
launchers from a surplus program operated by the federal government; (iv)
armored multi-wheeled vehicles that are mine-resistant, ambush-protected, and
configured for combat, also known as MRAPs, from a surplus program operated by
the federal government; (v) bayonets; (vi) firearms of .50 caliber or
higher; (vii) ammunition of .50 caliber or higher; or (viii) or (v)
weaponized tracked armored vehicles. Nothing in this subsection shall restrict
the acquisition or purchase of an armored high mobility multi-purpose wheeled
vehicle, also known as HMMWVs, or preclude the seizure of any prohibited item
in connection with a criminal investigation or proceeding or subject to a civil
forfeiture. Any property obtained by seizure shall be disposed of at the
conclusion of any investigation or as otherwise provided by law.
B. Any locality, sheriff, chief of police, or director or chief executive of any agency or department employing deputy sheriffs or law-enforcement officers as defined in §9.1-101 that has previously acquired any item listed in subsection A is prohibited from using such items unless such locality, sheriff, chief of police, or director or chief executive has received a waiver to use such items from the Criminal Justice Services Board. Any waiver request made to the Criminal Justice Services Board shall be limited to special weapons and tactics unit or other equivalent unit use only. The Criminal Justice Services Board may grant a waiver upon a showing of good cause by the requesting locality, sheriff, chief of police, or director or chief executive that the continued use of the item that is the subject of the waiver request has a bona fide public safety purpose.
Any locality, sheriff, chief of police, or director or chief executive that has filed a waiver request with the Criminal Justice Services Board may continue to use such prohibited items while such waiver request is pending before the Criminal Justice Services Board. If such waiver request is denied, the locality, sheriff, chief of police, or director or chief executive that filed such waiver shall no longer use such prohibited item.
C. Nothing in this section shall be construed as prohibiting the acquisition, purchase, or otherwise acceptance of any personal protective equipment, naloxone or other lifesaving medication, or any personal property that is not specifically prohibited pursuant to subsection A from the federal government.
§52-11.3. Acquisition of military property.
A. The Superintendent of State Police is authorized to apply for and accept grants or loans of personal property from the U.S. Department of Defense for use in the law-enforcement activities of the Department of State Police or any other law-enforcement agency of the Commonwealth or its political subdivisions. In connection with the receipt of such property, the Department of State Police and any other law-enforcement agency to which the property is transferred may agree to hold the United States government harmless against claims for damages arising out of the use of the property received. Such other law-enforcement agencies may also agree to hold the Commonwealth harmless against such claims.
B. Notwithstanding the provisions of subsection A, the
Superintendent shall not acquire or purchase (i) weaponized unmanned aerial
vehicles; (ii) aircraft that are configured for combat or are combat-coded and
have no established commercial flight application; (iii) grenades or similar
explosives or grenade launchers from a surplus program operated by the federal
government; (iv) armored multi-wheeled vehicles that are mine-resistant,
ambush-protected, and configured for combat, also known as MRAPs, from a
surplus program operated by the federal government; (v) bayonets; (vi)
firearms of .50 caliber or higher; (vii) ammunition of .50 caliber or higher;
or (viii) or (v) weaponized tracked armored vehicles.
Nothing in this subsection shall restrict the acquisition or purchase of an armored high mobility multi-purpose wheeled vehicle, also known as HMMWVs, or preclude the seizure of any prohibited item in connection with a criminal investigation or proceeding or subject to a civil forfeiture. Any property obtained by seizure shall be disposed of at the conclusion of any investigation or as otherwise provided by law.
C. Nothing in this section shall be construed as prohibiting the acquisition, purchase, or otherwise acceptance of any personal protective equipment, naloxone or other lifesaving medication, or any personal property that is not specifically prohibited pursuant to subsection B from the federal government.
2. That §§19.2-83.4 through 19.2-83.7 of the Code of Virginia of the Code of Virginia are repealed.
