SB 624 — Assault and battery; definition of "Islamophobia," penalty.

+OFFERED 2027FOR SESSIONCONSIDERATION 2/02/2026 + INTRODUCED+ + + + 26104940D+ I+ + SENATE BILL NO.

624 Offered+ January+ 14,AMENDMENT 2026IN NTHE NATURE OF A SUBSTITUTE + + (Proposed by the Senate Committee for Courts of Justice + on ________________) + + (Patron Prior to Substitute—Senator Salim) + A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault and battery;

TBe —————it Renacted Patrons—Salim,by Aird,the Boysko,General CarrollAssembly Foy,of Jones,Virginia: Pekarsky, Srinivasan and VanValkenburg;

Delegates:1.

O Clark, Cole, J.G., Convirs-Fowler, Hayes, Henson, Maldonado, Martinez, Rasoul, Reaser and Shin D ————— Referred to Committee for Courts of Justice U ————— Be it enacted by the General Assembly of Virginia:

C 1.

E § 18.2-57.

Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor, D and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious convictionconviction, (including Islam), gender, disability, gender identity, sexual orientation, color, or ethnic or national origin, the penalty upon conviction shall include a term of confinement of at least six months.

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 convictionconviction, (including Islam), gender, disability, gender identity, sexual orientation, color, or ethnic 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 against another knowing or having reason to know that such other person is a judge, a magistrate, a law-enforcement officer as defined inBin 23 subsection H, a correctional officer as defined in § 53.1-1, a person directly involved in the care, treatment4treatment, 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, :DRAFT OFFERED FOR CONSIDERATION 2/02/2026 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.

34Nothing engaged in thethis performancesubsection ofshall hisbe publicconstrued dutiesto anywhereaffect in the Commonwealth,right suchof any person ischarged guiltywith of a 35violation Classof 6this felony,section and,from uponasserting conviction,and thepresenting sentenceevidence ofin suchsupport personof shallany includedefenses ato mandatorythe minimumcharge termthat ofmay 36be confinementavailable ofunder sixcommon months.law.

37 Nothing in this subsection shall be construed to affect the right of any person charged with a violation of 38 this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.

The sentence of such person, upon conviction, shall also prohibit such person from entering or riding in any vehicle operated by the public transportation service that employed such operator for a period of SB624 2 of 3 not less than six months as a term and condition of such sentence.

In addition, any person who commits a battery against another knowing or having reason to know that such individual is a sports official for an entity sponsoring an interscholastic or intercollegiate sports event or any person performing services as a sports official for a public entity or a private, nonprofit organization that sponsors an amateur sports event who (i) is engaged in the performance of his duties or (ii) is on the premises of such event prior to engaging in his duties or upon conclusion of his duties is guilty of a Class 1 DRAFT OFFERED FOR CONSIDERATION 2/02/2026 misdemeanor.

DRAFT OFFERED FOR CONSIDERATION 2/02/2026 "Sports official" includes an umpire, referee, judge, scorekeeper, timekeeper, or other person who is a neutral participant in a sports event.

Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of 3imprisonment 12determinedin state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.

cannot be I N T O D U C E D B 4