Virginia SB 1504: Assault and battery; federal law-enforcement officers, penalty.

Bill Text

Bill Tracking - 2019 session > Legislation 

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2019 SESSION

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19102097D

SENATE BILL NO. 1504 

Offered January 9, 2019 

Prefiled January 8, 2019 

A BILL to amend and reenact � 18.2-57 of the Code of Virginia, 
 relating to assault and battery of federal law-enforcement officers; penalty. 
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Patron-- Carrico 

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Referred to Committee for Courts of Justice 

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Be it enacted by the General Assembly of Virginia:

1. That � 18.2-57 of the Code of Virginia is amended and 
 reenacted as follows:

� 18.2-57. Assault and battery; penalty.

A. Any person who commits a simple assault or assault and 
 battery is guilty of a Class 1 misdemeanor, and if the person intentionally selects 
 the person against whom a simple assault is committed because of his race, 
 religious conviction, color or national origin, the penalty upon conviction 
 shall include a term of confinement of at least six months, 30 days of which 
 shall be a mandatory minimum term of confinement.

B. 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, 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, 30 days of which shall be a 
 mandatory minimum term of confinement.

C. 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, 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