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HB 5049 - Prohibits the Acquisition and Use of Military Property by Law Enforcement Agencies - Virginia Key Vote

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Title: Prohibits the Acquisition and Use of Military Property by Law Enforcement Agencies

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the acquisition and use of military property by law enforcement agencies.

Highlights:

 

  • Prohibits any state or local law enforcement agency or department to acquire, purchase, or otherwise accept (Sec 1):

    • Weaponized unmanned aerial vehicles;

    • Aircrafts configured for combat;

    • Combat-coded, non-commercial aircraft;

    • Grenades or similar explosives;

    • Grenade launchers;

    • Armored, multi-wheeled vehicles that are mine-resistant, ambush-protected, and configured for combat from a federal government surplus program; or

    • Camouflage uniforms.

  • Prohibits the usage of banned items that were previously acquired unless a waiver request submitted to the Department of Criminal Justice Services was approved (Sec 1).

  • Specifies that the Department of State Police may seek a waiver for any of its units (Sec 1).

  • Requires any Commonwealth department or agency to publish a notice of a property request from a federal surplus program to a publicly accessible website within 14 days (Sec 1).

  • Specifies that the acquisition, purchase, or acceptance of any personal protective equipment, naloxone, other life-saving medication, or any personal property not explicitly listed are allowed (Sec 1).

  • Specifies that the Virginia National Guard and the Virginia Defense Force are not subject to these provisions (Sec 1).

  • Prohibits the use of kinetic impact munitions such as impact and baton rounds, rubber batons, bean bag rounds, foam baton rounds, and plastic, wax, wood, or rubber-coated projectiles as a crowd control measure by a law enforcement officer unless (Sec 1):

    • An unlawful assembly is declared;

    • A warning to disperse is announced, unless the law enforcement officer believes that such a warning will risk serious bodily injury or death;

    • The officer received training and was deemed qualified to use kinetic impact munitions within the past year;

    • The law enforcement officer reasonably believes that the use of kinetic impact munitions is immediately necessary; or

    • The use of kinetic impact munitions is targeted at the specific persons who are the cause of such threats of serious bodily injury or death.

  • Specifies that violations of kinetic impact munition regulations are grounds for disciplinary action against the law enforcement officer (Sec 1).

  • Authorizes law enforcement officers to use tear gas if (Sec 1):

    • An unlawful assembly is declared;

    • A warning to disperse is announced;

    • The verbal announcement is sufficient to be heard by the unlawful assembly;

    • Reasonable time passes to allow the assembly to disperse;

    • A second verbal announcement is provided immediately prior to the usage of tear gas, if feasible; and

    • The law enforcement officer received training and was deemed qualified to use tear gas within the past year.

  • Specifies that violations of the usage of tear gas, phosgene gas, and other gas regulations are grounds for disciplinary action against the law enforcement officer (Sec 1).

Title: Prohibits the Acquisition and Use of Military Property by Law Enforcement Agencies

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