Virginia 2017 Regular Session Status: Enacted

HB 1791 — Conspiracy, incitement, etc., to riot; penalty when against public safety personnel.

Last action — Vetoed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2017. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Provides that any person who conspires with others to cause or produce a riot against, or directs or incites other persons who participate in a riot to acts of force or violence against, a law-enforcement officer, firefighter, volunteer firefighter, or emergency medical services personnel, engaged in the performance of his public duties, or a member of the Virginia National Guard or the Virginia Defense Force on official state or federal duty is guilty of a Class 3 felony. The bill also eliminates the existing provision that prohibits any person from soliciting other persons to participate in a riot.

Bill Text

What changed in the latest version

126 added · 7 removed

Plain-language change summary

The amendments to Bill HB 1791 include the addition of a new section related to "Bill Tracking" and the removal of a line that addressed technical issues with the Legislative Information System (LIS). This change simplifies the process for tracking legislation, making it easier for the public to find and follow bills. This is important because improving accessibility to legislative information helps keep citizens informed and engaged in the political process.

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SESSION history | hilite | pdf | print version 17106014D HOUSE BILL NO.
1791 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Governor on March 24, 2017) (Patron Prior to Substitute--Delegate Lingamfelter) A BILL to amend and reenact § 18.2-408 of the Code of Virginia, relating to conspiracy;
incitement, etc., to riot;
public safety personnel;
penalty.
Be it enacted by the General Assembly of Virginia:
1.
That § 18.2-408 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-408.
Conspiracy;
incitement, etc., to riot.
Any person who conspires with others to cause or produce a riot, or directs, or incites, or solicits other persons who participate in a riot to acts of force or violence, shall be is guilty of a Class 5 felony.
Any person who commits a conspiracy that intentionally selects the person against whom the riot is aimed because he is a law-enforcement officer as defined in § 9.1-101, firefighter as defined in § 65.2-102, volunteer firefighter who is employed by or is a member of a bona fide volunteer fire department, emergency medical services personnel as defined in § 32.1-111.1, or member of the Virginia National Guard or the Virginia Defense Force on official state duty or federal duty under Title 32 of the United States Code is guilty of a Class 3 felony.
Any person who commits a conspiracy that intentionally selects the person against whom the riot is aimed because of race, religious convictions, color, sexual orientation, or national origin is guilty of a Class 3 felony.
2.
That the provisions of this act may result in a net increase in periods of imprisonment or commitment.
Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
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Action History

  1. Vetoed by Governor

  2. Governor's Action Deadline Midnight, May 5, 2017

  3. Communicated to Governor

  4. Speaker ruled Governor's recommendation with a substitute not germane

  5. Placed on Calendar

  6. Governor's substitute printed 17106014D-H1

  7. Governor's recommendation received by House

  8. Governor's Action Deadline Midnight, March 27, 2017

  9. Enrolled Bill communicated to Governor on 2/21/17

  10. Signed by President

  11. Signed by Speaker

  12. Enrolled

  13. Senate substitute agreed to by House 17105318D-S1 (84-Y 13-N)

  14. Reconsideration of Senate substitute agreed to by House

  15. Senate substitute agreed to by House 17105318D-S1 (94-Y 5-N)

  16. Placed on Calendar

  17. Engrossed by Senate - committee substitute HB1791S1

  18. Committee substitute agreed to 17105318D-S1

  19. Reading of substitute waived

  20. Read third time

  21. Referred to Committee for Courts of Justice

  22. Constitutional reading dispensed

  23. Read third time and passed House BLOCK VOTE (99-Y 0-N)

  24. Printed as engrossed 17100460D-E

  25. Engrossed by House as amended HB1791E

  26. Committee amendments agreed to

  27. Read second time

  28. Read first time

  29. Assigned Courts sub: Criminal Law

  30. Referred to Committee for Courts of Justice

  31. Prefiled and ordered printed; offered 01/11/17 17100460D

Sponsors

  • L. Scott Lingamfelter · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 147 not signed on · 11 voted No

Sponsors (1)

  • L. Scott Lingamfelter

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Senate substitute agreed to by House 17105318D-S1

Passed 84 Yea · 13 Nay
Party YeaNayPresentNot Voting
Unaffiliated 841300
Total 841300
% of votes cast 87%13%0%0%
How each member voted (97)
Member Party Vote
Albo — Yea
Habeeb — Yea
Ingram — Yea
Landes — Yea
LeMunyon — Yea
Adams — Yea
Bell, Richard P. — Yea
Jones — Yea
Miller — Yea
Mr. Speaker — Yea
Cline — Yea
Collins — Yea
Dudenhefer — Yea
Farrell — Yea
Greason — Yea
Helsel — Yea
Hester — Yea
Holcomb — Yea
Hugo — Yea
Lingamfelter — Yea
Loupassi — Yea
Massie — Yea
Minchew — Yea
Morris — Yea
O'Bannon — Yea
Peace — Yea
Pogge — Yea
Stolle — Yea
Villanueva — Yea
Yancey — Yea
Yost — Yea
Lindsey — Nay
Toscano — Nay
Aird, Lashrecse D. — Yea
Alfonso H. Lopez — Nay
Bell, John J. — Yea
Bell, Robert B. — Yea
Bourne, Jeffrey M. — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Charniele L. Herring — Nay
Christopher T. Head — Yea
Cole, Mark L. — Yea
Cox, M. Kirkland — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Edmunds, James E., II — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Heretick, Steve E. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jeion A. Ward — Nay
Jennifer B. Boysko — Yea
Jessica L. Anderson — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Nay
LaRock, Dave A. — Yea
Lamont Bagby — Nay
Levine, Mark H. — Nay
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Nay
Marcus B. Simon — Nay
Marshall, Daniel W., III — Yea
Marshall, Daniel W., III — Yea
Michael J. Webert — Yea
Miyares, Jason S. — Yea
Mullin, Michael P. — Yea
Murphy, Kathleen — Yea
Orrock, Robert D., Sr. — Yea
Paul E. Krizek — Nay
Plum, Kenneth R. — Nay
Poindexter, Charles D. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rush, Nick — Yea
Sam Rasoul — Yea
Sickles, Mark D. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Tyler, Roslyn C. — Nay
Vivian E. Watts — Yea

Official roll call →

Read third time and passed House BLOCK VOTE

Passed 99 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 99000
Total 99000
% of votes cast 100%0%0%0%
How each member voted (99)
Member Party Vote
Albo — Yea
Campbell — Yea
Cole — Yea
Collins — Yea
Farrell — Yea
Freitas — Yea
Gilbert — Yea
Habeeb — Yea
Heretick — Yea
Ingram — Yea
LaRock — Yea
Landes — Yea
LeMunyon — Yea
Levine — Yea
Orrock — Yea
Plum — Yea
Villanueva — Yea
Yancey — Yea
Bell, John J. — Yea
Bell, Richard P. — Yea
Bell, Robert B. — Yea
Cox — Yea
Jones — Yea
Marshall, D.W. — Yea
Marshall, R.G. — Yea
Miller — Yea
Bulova — Yea
Byron — Yea
Cline — Yea
Dudenhefer — Yea
Edmunds — Yea
Fariss — Yea
Filler-Corn — Yea
Greason — Yea
Helsel — Yea
Hester — Yea
Holcomb — Yea
Hugo — Yea
James — Yea
Keam — Yea
Kory — Yea
Lindsey — Yea
Lingamfelter — Yea
Loupassi — Yea
Massie — Yea
Minchew — Yea
Miyares — Yea
Morris — Yea
Mullin — Yea
Murphy — Yea
O'Bannon — Yea
Peace — Yea
Pogge — Yea
Mr. Speaker — Yea
Poindexter — Yea
Ransone — Yea
Robinson — Yea
Rush — Yea
Stolle — Yea
Toscano — Yea
Tyler — Yea
Yost — Yea
Alfonso H. Lopez — Yea
Barry D. Knight — Yea
Betsy B. Carr — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Christopher T. Head — Yea
Delores L. McQuinn — Yea
Hyland F. "Buddy" Fowler, Jr. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jeion A. Ward — Yea
Jennifer B. Boysko — Yea
Jessica L. Anderson — Yea
Kimberly Pope Adams — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Mark D. Sickles — Yea
Michael J. Webert — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
R. Lee Ware — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Sam Rasoul — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Will Davis — Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1791 do?
Provides that any person who conspires with others to cause or produce a riot against, or directs or incites other persons who participate in a riot to acts of force or violence against, a law-enforcement officer, firefighter, volunteer firefighter, or emergency medical services personnel, engaged in the performance of his public duties, or a member of the Virginia National Guard or the Virginia Defense Force on official state or federal duty is guilty of a Class 3 felony. The bill also eliminates the existing provision that prohibits any person from soliciting other persons to participate in a riot.
Who sponsors HB 1791?
HB 1791 is sponsored by L. Scott Lingamfelter.
What is the current status of HB 1791?
This bill has been enacted into law. Introduced January 09, 2017. Enacted.
Where can I track HB 1791?
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