SB 964 — Private police officers; assault and battery, penalty.

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SESSION history | hilite | pdf | print version 20104804D20106823D SENATE BILL NO.

964 OfferedAMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on the Judiciary on January 14,27, 20202020) (Patron Prior to Substitute--Senator Hanger) A BILL to amend and reenact §§§ 18.2-5718.2-51.1, 18.2-57, and 18.2-57.01 of the Code of Virginia, relating to assault and battery of privatelaw-enforcement police officers;

---------- Patron-- Hanger ---------- Referred to Committee on the Judiciary ---------- Be it enacted by the General Assembly of Virginia:

That §§§ 18.2-5718.2-51.1, 18.2-57, and 18.2-57.01 of the Code of Virginia isare amended and reenacted as follows:

§ 18.2-51.1.

Malicious bodily injury to law-enforcement officers, firefighters, search and rescue personnel, or emergency medical services personnel;

penalty;

lesser-included offense.

If any person maliciously causes bodily injury to another by any means including the means set out in § 18.2-52, with intent to maim, disfigure, disable or kill, and knowing or having reason to know that such other person is a law-enforcement officer, as defined hereinafter, firefighter, as defined in § 65.2-102, search and rescue personnel as defined hereinafter, or emergency medical services personnel, as defined in § 32.1-111.1 engaged in the performance of his public duties as a law-enforcement officer as defined in § 9.1-101, firefighter, search and rescue personnel, or emergency medical services personnel, such person is guilty of a felony punishable by imprisonment for a period of not less than five years nor more than 30 years and, subject to subdivision (g) of § 18.2-10, a fine of not more than $100,000.

Upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of two years.

If any person unlawfully, but not maliciously, with the intent aforesaid, causes bodily injury to another by any means, knowing or having reason to know such other person is a law-enforcement officer, firefighter, as defined in § 65.2-102, search and rescue personnel, or emergency medical services personnel, engaged in the performance of his public duties as a law-enforcement officer, firefighter, search and rescue personnel, or emergency medical services personnel as defined in § 32.1-111.1, he is guilty of a Class felony, and upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of one year.

Nothing in this section shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.

As used in this section, "law-enforcement officer" means any full-time or part-time employee of a police department or sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof, who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic, or highway laws of the Commonwealth;

any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115;

any conservation police officer appointed pursuant to § 29.1-200;

and auxiliary police officers appointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733 and auxiliary deputy sheriffs appointed pursuant to § 15.2-1603.

As used in this section, "search and rescue personnel" means any employee or member of a search and rescue organization that is authorized by a resolution or ordinance duly adopted by the governing body of any county, city, or town of the Commonwealth or any member of a search and rescue organization operating under a memorandum of understanding with the Virginia Department of Emergency Management.

The provisions of § 18.2-51 shall be deemed to provide a lesser-included offense hereof.

In addition, if any person commits an assault or an assault and battery against another knowing or having reason to know that such other person is a judge, a magistrate, a law-enforcement officer as defined in subsection F,F § 9.1-101, a correctional officer as defined in § 53.1-1, a person directly involved in the care, treatment, or supervision of inmates in the custody of the Department of Corrections or an employee of a local or regional correctional facility directly involved in the care, treatment, or supervision of inmates in the custody of the facility, a person directly involved in the care, treatment, or supervision of persons in the custody of or under the supervision of the Department of Juvenile Justice, an employee or other individual who provides control, care, or treatment of sexually violent predators committed to the custody of the Department of Behavioral Health and Developmental Services, a fire marshal appointed pursuant to § 27-30 when such fire marshal has police powers as set out in §§ 27-34.2 and 27-34.2:1, a firefighter as defined in § 65.2-102, or a volunteer firefighter or any emergency medical services personnel member who is employed by or is a volunteer of an emergency medical services agency or as a member of a bona fide volunteer fire department or volunteer emergency medical services agency, regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such firefighters or emergency medical services personnel as employees, engaged in the performance of his public duties anywhere in the Commonwealth, such person is guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory minimum term of confinement of six months.

"Law-enforcement officer" means any full-time or part-time employee of a police department or sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic,traffic or highway laws of the Commonwealth,;Commonwealth, any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115, any special agent of the Virginia Alcoholic Beverage Control Authority, conservation police officers appointed pursuant to § 29.1-200, full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217, and any employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of § 53.1-10, and such officer also includes jail officers in local and regional correctional facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court services or local jail responsibilities, auxiliary police officers appointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733, auxiliary deputy sheriffs appointed pursuant to § 15.2-1603, police officers of the Metropolitan Washington Airports Authority pursuant to § 5.1-158, and fire marshals appointed pursuant to § 27-30 when such fire marshals have police powers as set out in §§ 27-34.2 and 27-34.2:1.

any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115,;

any special agent of the Virginia Alcoholic Beverage Control Authority,;

any conservation police officers officer appointed pursuant to § 29.1-200,;

any full-time sworn members member of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217,;

and any employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of § 53.1-10, and such.

"Law-enforcement officer" also includes jail officers in local and regional correctional facilities,;

all deputy sheriffs, whether assigned to law-enforcement duties, court services, or local jail responsibilities,;

auxiliary police officers appointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733,;

auxiliary deputy sheriffs appointed pursuant to § 15.2-1603,;

police officers of the Metropolitan Washington Airports Authority pursuant to § 5.1-158,;

private police officers employed by a private police department as defined in § 9.1-101;

and fire marshals appointed pursuant to § 27-30 when such fire marshals have police powers as set out in §§ 27-34.2 and 27-34.2:1.

§ 18.2-57.01.

Pointing laser at law-enforcement officer unlawful;

penalty.

If any person, knowing or having reason to know another person is a law-enforcement officer as defined in § 18.2-57 9.1-101, a probation or parole officer appointed pursuant to § 53.1-143, a correctional officer as defined in § 53.1-1, or a person employed by the Department of Corrections directly involved in the care, treatment or supervision of inmates in the custody of the Department engaged in the performance of his public duties as such, intentionally projects at such other person a beam or a point of light from a laser, a laser gun sight, or any device that simulates a laser, shall be guilty of a Class 2 misdemeanor.

Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannotis be________ determined for periods of imprisonment in state adult correctional facilities;

Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannotis be________ determined for periods of commitment to the custody of the Department of Juvenile Justice.