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2023 Session

Budget Amendments - SB800 (Member Request)

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Chief Patron: Petersen
DCJS - Mass Violence Care Fund (language only)

Item 408 #19s

Item 408 #19s

Public Safety and Homeland Security
Department of Criminal Justice Services

Language

Page 502, line 54, strike "but not be limited to".

Page 502, line 55, after "insurance" insert "and ineligible for payments from the Virginia Criminal Injuries Compensation Fund".

Page 503, line 2, after "designee." insert "The Department shall only expend interest earned on the deposit made pursuant to paragraph 2 of this subsection and invested pursuant to paragraph 4 of this subsection, and such revenue from interest earned shall be available to the Department for expenditure beginning one year after funds are invested. The Department shall develop processes and procedures for vetting, processing and administering claims submitted by eligible victims.".

Page 503, after line 4, insert:

"3.a. For the purposes of subsection T of this item, “mass violence” is defined as an intentional violent crime that results in physical, emotional, or psychological injury to a sufficiently large number of people and significantly increases the burden of victim assistance and compensation for the responding jurisdiction, as determined by the Director of the Department of Criminal Justice Services.

b. For the purposes of subsection T of this item, “victims” are defined as grandparents, parents, split parents, guardians, siblings, spouses of the deceased, those physically injured, and those physically present and witnessing a mass violence event.

4.a. In addition to such other powers as shall be vested in the Board of Criminal Justice Services, the Board shall have the full power to invest, reinvest, and manage any assets of the Mass Violence Care Fund designated by the Director, Department of Criminal Justice Services, for investment, reinvestment, or management by the Board. The Board shall maintain a separate accounting for the assets of the Mass Violence Care Fund. The Department shall request a distribution of funds from the Board no more frequently than annually, and the Department shall designate funds for investment by the Board no more frequently than annually.

b. The Criminal Justices Services Board shall invest the assets of the Fund with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. The Board shall also diversify such investments so as to minimize the risk of large losses unless under the circumstances it is clearly prudent not to do so.

c. No officer, director, or member of the Criminal Justice Services Board or of any advisory committee of the Retirement System or any of its tax exempt subsidiary corporations whose actions are within the standard of care in the preceding paragraph of this subsection shall be held personally liable for losses suffered by the Retirement System on investments made under the authority of this section.

d. The provisions of §§ 51.1-124.32 through 51.1-124.35, Code of Virginia, shall apply to the Board's activities with respect to funds in the Mass Violence Care Fund.

e. The Criminal Justice Services Board may assess the Department of Criminal Justice Services a reasonable administrative fee for its services.

f. The Criminal Justice Services Board may designate any amount from the Mass Violence Care Fund to be invested, reinvested, and managed by the Board of the Virginia Retirement System. The State Treasurer is not liable for losses suffered by the Virginia Retirement System on investments made under the authority of this section."



Explanation

(This amendment provides language establishing additional requirements for the Virginia Mass Violence Care Fund.)