Bill Text: VA HB1181 | 2024 | Regular Session | Prefiled
Bill Title: Virginia Gun Violence Intervention and Prevention Grant Program and Fund; established.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2024-02-02 - Incorporated by Public Safety [HB1181 Detail]
Download: Virginia-2024-HB1181-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §9.1-116.6 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Title 58.1 a chapter numbered 6.3, consisting of a section numbered 58.1-663, as follows:
§9.1-116.6. Virginia Gun Violence Intervention and Prevention Grant Program and Fund; purpose; guidelines.
A. There is hereby created in the state treasury a special
nonreverting fund to be known as the Virginia Gun Violence Intervention and
Prevention Fund (the Fund). The Fund shall be established on the books of the
Comptroller. All moneys accruing to the Fund, including funds appropriated for
such purpose and any gifts, donations, grants, bequests, and other funds
received on its behalf, shall be paid into the state treasury and credited to
the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be
credited to it. Any moneys remaining in the Fund, including interest thereon,
at the end of each fiscal year shall not revert to the general fund but shall
remain in the Fund. Moneys in the Fund shall be used for the purpose of supporting gun violence intervention and prevention
programs funding
the Virginia Gun Violence Intervention
and Prevention Grant Program. Expenditures and
disbursements from the Fund shall be made by the State Treasurer on warrants
issued by the Comptroller upon written request signed by the Director of the
Department. The Fund shall be
administered by the Department.
B. The
Fund shall be administered by the Department, and the
Department shall adopt guidelines to make funds available to agencies of local
government, community-based organizations, and hospitals for the purpose of
supporting implementation of evidence-informed gun violence intervention and
prevention efforts, including street outreach,
hospital-based violence intervention, and group violence intervention programs. The Virginia Gun Violence
Intervention and Prevention Grant Program (the Program) is
hereby established to provide grants to
support, expand, and replicate evidence-based violence reduction initiatives,
including hospital-based violence intervention programs, street outreach programs,
and focused deterrence strategies, that seek to interrupt cycles of violence
and retaliation in order to reduce the incidence
of homicides, shootings, and aggravated assaults. Grants
may be used to compensate victims of
gun violence, fund the hiring of counselors in public elementary
and secondary schools,
and fund research organizations that have the
objective of reducing gun violence. The Program shall
focus on providing grants to initiatives that provide violence intervention
services to communities identified as having
the highest risk of perpetrating or being victimized by violence
in the near future. The
Department shall administer and adopt guidelines for the administration of the
Program.
C. The
Department shall establish a grant procedure to govern funds awarded for this
purpose. 1. The Department
shall issue grants on a competitive basis to (i) research
organizations that have the objective of reducing gun violence; (ii)
localities that are disproportionately impacted by
violence, as provided in subdivision 2; (iii)
community-based organizations that serve the
residents of such localities;
and (iv) school boards in
those localities.
In awarding grants, the Department shall give preference to applicants whose
grant proposals demonstrate the greatest likelihood of reducing the incidence
of homicides, shootings, and aggravated assaults in the applicant's community,
without contributing to mass incarceration. The
amount of funds awarded to an applicant shall be based on the scope of the
applicant's proposal and the applicant's demonstrated need for additional
resources to address violence in the applicant's community.
2. For purposes of this section, a locality is disproportionately impacted by violence if it meets any of the following criteria:
a. The locality experienced 20 or more homicides per calendar year during two or more of the three calendar years immediately preceding the grant application;
b. The locality experienced 10 or more homicides per calendar year and had a homicide rate that was at least 50 percent higher than the statewide homicide rate during two or more of the three calendar years immediately preceding the grant application; or
c. The locality otherwise demonstrates a unique and compelling need for additional resources to address the impact of homicides, shootings, and aggravated assaults in the locality.
D. An applicant for a grant shall submit a proposal, in a form prescribed by the Department, which shall include:
1. Clearly defined and measurable objectives for the grant;
2. A statement describing how the applicant proposes to use the grant to implement a violence reduction initiative in accordance with this section;
3. A statement describing how the applicant proposes to use the grant to enhance coordination of existing violence intervention and prevention programs and minimize duplication of services; and
4. Evidence indicating that the proposed violence reduction initiative would likely reduce the incidence of homicides, shootings, and aggravated assaults.
E. 1. Any locality that receives a grant pursuant to this section shall distribute no less than 50 percent of such grant funds to one or more of any of the following types of entities:
a. Community-based organizations; or
b. Public agencies or departments, other than law-enforcement agencies, that are primarily dedicated to community safety or violence prevention.
2. Any grant recipient shall, as a condition of receiving a grant, commit a cash or in-kind contribution equivalent to the amount of the grant. The Department may waive this requirement for good cause.
3. Any grant recipient shall report to the Department, in a form and at intervals prescribed by the Department, its progress in achieving the grant objectives.
F. The Department shall, no later than January 1, 2025, and every third year thereafter, prepare and submit a report to the Chairmen of the House Committee for Courts of Justice and Senate Committee on the Judiciary regarding the impact of the violence reduction initiatives supported by the Program.
G. The Department shall make reports from grant recipients available to the public.
§58.1-663. Firearm and ammunition tax.
A. For purposes of this section:
"Ammunition" means any ammunition for a firearm, as defined in §18.2-308.2.
"Dealer" means the same as such term is defined in §18.2-308.2:2.
"Firearm" means any assault firearm, firearm, or handgun, as such terms are defined in §18.2-308.2:2. "Firearm" shall not include any antique firearm or curios or relics, as such terms are defined in §18.2-308.2:2.
"Law-enforcement officer" means the same as such term is defined in §9.1-101.
B. In addition to the taxes imposed pursuant to Chapter 6 (§58.1-600 et seq.), there is imposed a tax of 5 percent of the sales price of any firearm or ammunition that is sold by (i) a seller at any event required to be registered as a gun show or (ii) a dealer. The tax shall be collected by the dealer or seller at the time of sale and remitted to the Department. The Department shall administer the collection of this tax in accordance with the provisions of Chapter 6 (§58.1-600 et seq.), mutatis mutandis.
C. The tax imposed pursuant to this section shall not apply to the sale of any firearm or ammunition to a state or local agency or to a law-enforcement officer for use in the normal course of his employment.
D. All revenue collected pursuant to this section shall accrue to the Virginia Gun Violence Intervention and Prevention Fund established pursuant to §9.1-116.6.
