Resisting arrest; penalty. (SB396)

Introduced By

Sen. Bill DeSteph (R-Virginia Beach)

Progress

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

Description

Resisting arrest; penalty. Removes the requirement that a person flee in order to be convicted of the Class 1 misdemeanor of resisting arrest and replaces it with failing to submit to the lawful commands of a law-enforcement officer or failing to allow oneself to be physically taken into custody by using either active or passive means to resist. Amends § 18.2-479.1, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/11/2016Prefiled and ordered printed; offered 01/13/16 16103685D
01/11/2016Referred to Committee for Courts of Justice
01/27/2016Committee substitute printed to Web only 16104429D-S1
01/27/2016Failed to report (defeated) in Courts of Justice (7-Y 7-N 1-A) (see vote tally)

Comments

ACLU-VA Criminal Justice, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia opposes this bill, which would redefine the crime of resisting arrest to include anyone who fails "to submit to the lawful commands of a law enforcement officer" or who fails "to allow oneself to be physically taken into custody by using either active or passive means to resist." While we acknowledge that law enforcement is often a difficult and dangerous job, we can safely assume that everyone who is arrested does not enjoy the experience. This bill would allow law enforcement to arrest and convict anyone of a new crime simply for moving the wrong way or saying the wrong thing when the handcuffs go on. The ACLU of Virginia opposes this legislation.

ACLU-VA Legislative Agenda, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly opposes this bill.