Assault; person charged with simple assault against family or household member. (HB485)

Introduced By

Sen. Jennifer McClellan (D-Richmond)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Assault; family or household member. Makes assault against a family or household member a Class 1 misdemeanor. Under current law simple assault falls under the general assault and battery statute but not under the family or household member assault and battery statute. Read the Bill »

Status

04/20/2016: enacted

History

DateAction
01/08/2016Committee
01/08/2016Prefiled and ordered printed; offered 01/13/16 16102194D
01/08/2016Referred to Committee for Courts of Justice
01/09/2016Impact statement from VCSC (HB485)
01/14/2016Assigned to sub: Subcommittee Criminal Law
01/29/2016Assigned to sub: Criminal Law
01/29/2016Assigned App. sub: Criminal Law
01/29/2016Assigned Courts sub: Criminal Law
02/03/2016Subcommittee recommends reporting with amendment(s) (11-Y 0-N)
02/10/2016Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally)
02/10/2016Committee substitute printed 16104690D-H1
02/12/2016Read first time
02/12/2016Impact statement from DPB (HB485H1)
02/15/2016Read second time
02/15/2016Committee substitute agreed to 16104690D-H1
02/15/2016Engrossed by House - committee substitute HB485H1
02/16/2016Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/16/2016VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/17/2016Constitutional reading dispensed
02/17/2016Referred to Committee for Courts of Justice
03/02/2016Reported from Courts of Justice (14-Y 0-N) (see vote tally)
03/04/2016Constitutional reading dispensed (38-Y 0-N) (see vote tally)
03/04/2016Read third time
03/04/2016Passed Senate (39-Y 0-N) (see vote tally)
03/08/2016Enrolled
03/08/2016Bill text as passed House and Senate (HB485ER)
03/08/2016Impact statement from DPB (HB485ER)
03/08/2016Signed by Speaker
03/10/2016Signed by President
03/11/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/11/2016Enrolled Bill communicated to Governor on 3/11/16
03/11/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016
03/23/2016Governor's recommendation received by House
04/20/2016Placed on Calendar
04/20/2016House concurred in Governor's recommendation (100-Y 0-N)
04/20/2016VOTE: ADOPTION (100-Y 0-N)
04/20/2016Senate concurred in Governor's recommendation (39-Y 0-N)
04/20/2016G Governor's recommendation adopted
04/20/2016Reenrolled
04/20/2016Reenrolled bill text (HB485ER2)
04/20/2016Signed by Speaker as reenrolled
04/20/2016Signed by President as reenrolled
04/20/2016Enacted, Chapter 742 (effective 7/1/16)
04/20/2016G Acts of Assembly Chapter text (CHAP0742)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 2 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

FAMILY MEMBER OR HOUSEHOLD MEMBER THAT IS ASSAULT AND BATTERY AND IF IT'S YOUR FIRST OFFENSE, THE CASE CAN BE TAKEN UNDER ADVISEMENT AND YOU CAN BE ORDERED TONE ROLL IN ANGER MANAGEMENT CLASSES BUT, IF YOU GO TO PUNCH AND MISS YOUR FAMILY OR HOUSEHOLD MEMBER THAT CAN'T BE TAKEN UNDER ADVISEMENT SO THIS BILL JUST MAKES CLEAR IN EITHER CASE, THE CASE CAN BE TAKEN UNDER ADVISEMENT. I ASK WE ENGROSS THE BILL AND PASS IT TO THIRD READING. HOUSE BILL RELATED TO
POSITION, HAVE THE CASE BE TAKEN UNDER ADVISEMENT, BE ORDERED TO TAKE ANGER MANAGEMENT CLASSES, BUT SIMPLE ASSAULT DIDN'T COUNT, SO IF YOU PUNCHED A FAMILY MEMBER YOU COULD GET LESS HARSH TREATMENT THAN IF YOU WENT TO PUNCH A FAMILY MEMBER AND STOPPED YOURSELF. UNFORTUNATELY WE FORGOT IN ONE PART OF THE CODE TO INCLUDE A FAMILY OR HOUSEHOLD MEMBER, SO THIS IS A TECHNICAL AMENDMENT THAT LEGISLATIVE SERVICES REQUESTED. I ASK THAT WE ADOPT THE AMENDMENT. SHALL THE HOUSE AGREE TO THE GOVERNOR'S RECOMMENDATION? >>

Del. Bill Howell (R-Fredericksburg): THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 100, NOS, ZERO, THE RECOMMENDATIONS ARE AGREED TO HOUSE BILL 577, A BILL TO AMEND AND REENACT A SECTION OF THE CODE OF VIRGINIA RELATING TO INTERPLEADER, FUNDS HELD IN ESCROW, THE GOVERNOR'S RECOMMENDATION IS PRINTED ON THE CALENDAR,


Sen. Bill Carrico (R-Grayson): HOWEVER, IT FURTHERS THE EVALUATION TO MAKE SURE THAT ALL THE THINGS THEY CAN DO OTHER THAN JUST HOT LANES ARE ADDRESSED IN THIS BROADER EVALUATION COULD SAVE $300,000. AND IF WE CAN SAVE THE MONEY AND DO THE JOB, THEN WE SHOULD SUPPORT THE AMENDMENT.

[Unknown]: THANK YOU, SENATOR. THE QUESTION IS SHOULD THE GOVERNOR'S RECOMMENDATION BE AGREED TO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED. THE CLERK WILL CLOSE THE ROLL.

Sen. Bill Carrico (R-Grayson): AYES 39, NOs 0.

[Unknown]: THE GOVERNOR'S RECOMMENDATIONS ARE AGREED TO.