Assault and battery against a family or household member; first offense. (HB1237)

Introduced By

Del. Karrie Delaney (D-Centreville) with support from co-patrons Del. Chris Hurst (D-Blacksburg), Del. Ken Plum (D-Reston), and Del. Marcus Simon (D-Falls Church)

Progress

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

Description

First offense assault and battery against a family or household member; enhanced penalty. Provides that the deferral and dismissal of a first offense of assault and battery against a family or household member will be treated as a prior conviction for the purpose of determining whether a person is eligible for the enhanced Class 6 felony penalty for assault and battery against a family or household member that applies on the basis of a person's prior convictions. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/10/2018Committee
01/10/2018Prefiled and ordered printed; offered 01/10/18 18100890D
01/10/2018Referred to Committee for Courts of Justice
01/11/2018Impact statement from VCSC (HB1237)
01/26/2018Impact statement from DPB (HB1237)
02/15/2018Left in Courts of Justice

Comments

Alexandra Griffin writes:

As a defense attorney I strongly oppose this bill. If we as a state feel so strongly about domestic assault charges, then there shouldn’t be an option to take the charge under advisement in the first place- which I’m obviously NOT advocating for.

The TUA should not count for purposes of enhancement. To be afforded that privilege in the first place pretty much everyone needs to be on board, including the victim in the case. If a case is bad enough, I’ve seen judges and prosecutors decline to enroll a defendant in the TUA option. There doesn’t need to be a bill for this matter. The judges and prosecutors have discretion and common sense and are more than capable of not agreeing to this program if the situation warrants and then a conviction can result.

This bill would be very harmful to the citizens of the Commonwealth.