Crimes against law-enforcement officers, firefighters, and other emergency personnel; penalty. (SB790)

Introduced By

Sen. John Cosgrove (R-Chesapeake)

Progress

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

Description

Crimes against law-enforcement officers, firefighters, and other emergency personnel; penalty. Eliminates, for the crime of capital murder of a law-enforcement officer or fire marshal, the element that the killing must be committed for the purpose of interfering with the performance of the victim's official duties for the defendant to be guilty of the crime. For the crimes of (i) malicious or unlawful wounding of a law-enforcement officer, firefighter, search and rescue personnel, or emergency medical services personnel and (ii) assault or assault and battery of a judge, magistrate, law-enforcement officer, correctional officer, firefighter, emergency medical services personnel, or certain other employees of custodial facilities, the bill eliminates the element that the victim must be engaged in the performance of his public duties for the defendant to be guilty of such crimes. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
08/25/2016Prefiled and ordered printed; offered 01/11/17 17100181D
08/25/2016Referred to Committee for Courts of Justice
08/31/2016Impact statement from VCSC (SB790)
01/16/2017Reported from Courts of Justice (12-Y 0-N) (see vote tally)
01/16/2017Rereferred to Finance
01/30/2017Impact statement from DPB (SB790)
01/31/2017Passed by indefinitely in Finance (16-Y 0-N) (see vote tally)

Comments

ACLU-VA Police Practices, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly opposes SB790 which would implement enhanced penalties for certain crimes against people who are public safety workers regardless of whether they are on the job at the time of the alleged crime. The bill would extend existing Virginia law that establishes higher penalties for anyone who violates our capital murder, malicious wounding and assault statutes by harming or killing a public safety person or first responder while they are engaged in official duties to apply to any incident in which the victim is a public safety officer even if they are not on the job when the incident occurs. The penalties already imposed in Virginia’s “hate crimes” penalty enhancement laws are significantly higher than those imposed when the victim is not a public safety officer, even when acts are motivated by animus toward the victim because of race, religious conviction, color or national origin. The proposed legislation would remove language requiring proof that the victim was engaged in public safety duties in the Commonwealth before the higher penalties would apply. This change would create a situation in which some people’s lives would be classified by law as more valuable simply because of where they work. Under the proposed bill, a bar room brawl involving off duty public safety officers and ordinary persons could result in assault on an officer felony charges against the ordinary persons carrying mandatory minimums of 6 months in prison even if the public safety person is not injured, and simple assault charges against the off duty public safety officer which would be a misdemeanor with no required jail time. Even worse, under the proposed law, a person who kills a public safety officer in a domestic situation would be subject to capital murder charges simply because of the job of the victim regardless of where and why the killing occurred.

Bryant Dameron writes:

Thanks for the in-depth comment from the VA ACLU, I totally agree and will quote what think is the most important part:
This change would create a situation in which some people’s lives would be classified by law as more valuable simply because of where they work.

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

The ACLU of Virginia strongly opposes SB790 which would implement enhanced penalties for certain crimes against people who are public safety workers regardless of whether they are on the job at the time of the alleged crime. The bill would extend existing Virginia law that establishes higher penalties for anyone who violates our capital murder, malicious wounding and assault statutes by harming or killing a public safety person or first responder while they are engaged in official duties to apply to any incident in which the victim is a public safety officer even if they are not on the job when the incident occurs. The penalties already imposed in Virginia’s “hate crimes” penalty enhancement laws are significantly higher than those imposed when the victim is not a public safety officer, even when acts are motivated by animus toward the victim because of race, religious conviction, color or national origin. The proposed legislation would remove language requiring proof that the victim was engaged in public safety duties in the Commonwealth before the higher penalties would apply. This change would create a situation in which some people’s lives would be classified by law as more valuable simply because of where they work. Under the proposed bill, a bar room brawl involving off duty public safety officers and ordinary persons could result in assault on an officer felony charges against the ordinary persons carrying mandatory minimums of 6 months in prison even if the public safety person is not injured, and simple assault charges against the off duty public safety officer which would be a misdemeanor with no required jail time. Even worse, under the proposed law, a person who kills a public safety officer in a domestic situation would be subject to capital murder charges simply because of the job of the victim regardless of where and why the killing occurred.