SB 5032 — Assault and battery; penalty.

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SPECIAL SESSION I history | hilite | pdf | print version 20200717D20200824D SENATE BILL NO.

5032 OfferedAMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on the Judiciary on August 18, 20202020) Prefiled(Patron AugustPrior 13,to 2020Substitute--Senator Surovell) A BILL to amend and reenact § 18.2-57,18.2-57 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-9.2, relating to assault and battery;battery against a law-enforcement officer;

----------Be Patrons--it Surovell,enacted Boysko,by Favola,the Hashmi,General Howell,Assembly Lucas,of McClellanVirginia: and Morrissey;

Delegate:

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

That § 18.2-57 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 19.2-9.2 as follows:

However, if a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race, religious conviction, gender, disability, gender identity, sexual orientation, color, or national origin, the person is guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months.

In addition, if any person commits an assault or an assault and battery resulting in a visible bodily injury 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, 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 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.

Any person charged with committing an offense in violation of this subsection where the degree of culpability is slight, due to such person's diminished physical or mental capacity or pervasive developmental disorder, or if there is no bodily injury, a jury or the court may find the accused not guilty of violating this subsection but guilty of a simple assault or assault and battery in violation of subsection A, punishable as a Class 1 misdemeanor.

§ 19.2-9.2.

Prosecution of assault and battery against a law-enforcement officer.

Before any arrest, indictment, or service of a petition in the case of a juvenile is made for a violation of subsection C of § 18.2-57 where the alleged assault and battery was committed against a law-enforcement officer, such alleged assault and battery shall be investigated by another law-enforcement officer who was not the subject of the alleged assault and battery and the arrest, indictment, or service of a petition shall be approved by the attorney for the Commonwealth.