Wednesday, December 3, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB1180: Assault and battery; second offense against family member, penalty.
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-57.2 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-57.2. Assault and battery against a family or household member; penalty.
A. Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.
B. Upon a conviction for assault and battery against a family or household member, where it is alleged in the warrant, information, or indictment on which a person is convicted, that such person has been previously convicted of an offense against a family or household member of (i) assault and battery against a family or household member in violation of this section, (ii) malicious wounding in violation of § 18.2-51, (iii) aggravated malicious wounding in violation of § 18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of § 18.2-52, or (v) an offense under the law of any other jurisdiction that has the same elements of any of the above offenses, when the offense occurred within the previous 20 years and on a different date, the person is guilty of a Class 1 misdemeanor and shall be punished by a mandatory minimum period of confinement of five days.
BC. Upon a
conviction for assault and battery against a family or household member, where
it is alleged in the warrant, information, or indictment on which a person is
convicted, that such person has been previously convicted of two offenses
against a family or household member of (i) assault and battery against a
family or household member in violation of this section, (ii) malicious
wounding in violation of § 18.2-51, (iii) aggravated malicious wounding in
violation of § 18.2-51.2, (iv) malicious bodily injury by means of a substance
in violation of § 18.2-52, or (v) an offense under the law of any other
jurisdiction which has the same elements of any of the above offenses, in any
combination, all of which occurred within a period of 20 years, and each of
which occurred on a different date, such person is guilty of a Class 6 felony.
CD.
Whenever a warrant for a violation of this section is issued, the magistrate
shall issue an emergency protective order as authorized by § 16.1-253.4, except
if the defendant is a minor, an emergency protective order shall not be
required.
DE. The
definition of "family or household member" in § 16.1-228 applies to
this section.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.