Assault and battery; adult allows child to be present during assault, guilty of Class 6 felony. (HB935)

Introduced By

Del. Rob Bell (R-Charlottesville)

Progress

√
 Introduced
X
 Passed Committee
☐
 Passed House
☐
 Passed Senate
☐
 Signed by Governor
☐
 Became Law

Description

Assault and battery against family or household member; penalty.  Makes it a Class 6 felony for an adult having a custodial relationship over a child under the age of 18 to knowingly allow the child to be present during the assault and battery of a family or household member.   View Full Text »

Outcome

Bill Has Failed
View Bill's History

Comments

Laura G writes:

Wouldn't this criminalize a parent who is a victim of an assault if the child witnesses the assault? For example, a mother who is assaulted by her husband/partner/boyfriend in their house could be guilty under this amended statute. Even if the police might not choose to charge a parent in those circumstances, its existence might discourage victims from coming forward.

Posted 25 months ago.
Sheila C. Haughey writes:

I am vehemently opposed to this bill. There is plenty of flexibility within the Class I misdemeanor sentencing range of zero to 12 months to account for aggravating factors such as committing a domestic assault and battery in front of a child. We do not need this to be a felony. It will result in many deals being made with people pleading guilty to misdemeanors when they are not guilty at all, simply because they don't want to risk being convicted of a felony, with the Draconian results Virginia (in a small minority of states) exacts. Keep this a misdemeanor.

Posted 25 months ago.