Signed by Governor Ralph Northam

Vote Smart's Synopsis:

Vote to adopt a conference report 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 or purchase (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; 

• Bayonets;

• Firearms or ammunition of .50 caliber or higher; or

• Weaponized tracked armored vehicles.

• 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 the use of kinetic impact munitions is necessary to protect the law-enforcement officer or another person from bodily injury (Sec. 1).

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

• Requires the Department to establish training standards relating to the handling and use of tear gas or other gases and kinetic impact munitions that embody current best practices for using such items as a crowd control measure or during an arrest or detention of another person (Sec 1).

Full Bill Text

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).

Full Bill Text