Hate crimes; disability, civil action, penalty. (SB45)

Introduced By

Sen. Barbara Favola (D-Arlington) with support from co-patron Sen. Dave Marsden (D-Burke)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Hate crimes; disability; civil action; penalty. Adds disability to the bases of a victim's intentional selection for a hate crime involving assault, assault and battery, or trespass for the purpose of damaging another's property that result in a higher criminal penalty for the offense. The bill also adds disability to the bases of hate crimes that are to be reported to the central repository of information regarding hate crimes maintained by the Virginia State Police. The bill also provides that a person who is subjected to acts of (i) intimidation or harassment, (ii) violence, or (iii) vandalism to his real or personal property, where such act is motived by disability, may bring a civil action to recover his damages. The bill also provides that no provider or user of an interactive computer service on the Internet shall be liable for any action voluntarily taken by it in good faith to restrict access to material that the provider or user considers to be intended to incite hatred on the basis of disability. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
11/21/2017Prefiled and ordered printed; offered 01/10/18 18100377D
11/21/2017Referred to Committee for Courts of Justice
11/28/2017Impact statement from VCSC (SB45)
01/15/2018Committee substitute printed to LIS only 18104779D-S1
01/15/2018Passed by indefinitely in Courts of Justice (8-Y 7-N) (see vote tally)
01/17/2018Impact statement from DPB (SB45S1)

Comments

ACLU-VA LGBT Rights, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia supports this bill that adds disability to the current Virginia laws imposing enhanced penalties for certain crimes when motivated by "hate" and to the state law requiring reporting of "hate crimes" to the Virginia State Police.