SB5056: Riots; person is guilty of a Class 6 felony if commits an act of violence during a riot, etc.


SENATE BILL NO. 5056
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on the Judiciary
on August 20, 2020)
(Patron Prior to Substitute--Senator Reeves [SBs 5057, 5058, 5059, 5060, 5061, and 5062])
A BILL to amend and reenact §§ 18.2-405, 18.2-406, 18.2-407, 18.2-414, 18.2-414.1, 18.2-416, and 18.2-419 of the Code of Virginia, relating to crimes against peace and order; penalty.

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-405, 18.2-406, 18.2-407, 18.2-414, 18.2-414.1, 18.2-416, and 18.2-419 of the Code of Virginia are amended and reenacted as follows:

§ 18.2-405. What constitutes a riot; penalty.

Any unlawful use, by three or more persons acting together, of force or violence which that seriously jeopardizes the public safety, peace, or order is riot.

Every person convicted of participating in any riot shall be is guilty of a Class 1 misdemeanor. If a person commits an act of violence, as defined in § 19.2-297.1, during a riot, he is guilty a Class 6 felony.

If such person carried or possessed, at the time of such riot, any firearm or other deadly or dangerous weapon, he shall be is guilty of a Class 5 felony Class 4 felony.

§ 18.2-406. What constitutes an unlawful assembly; penalty.

Whenever three or more persons assembled share the common intent to advance some lawful or unlawful purpose by the commission of an act or acts of unlawful force or violence likely to jeopardize seriously public safety, peace, or order, and the assembly actually tends to inspire persons of ordinary courage with well-grounded fear of serious and immediate breaches of public safety, peace, or order, then such assembly is an unlawful assembly. Every person who participates in any unlawful assembly shall be is guilty of a Class 1 misdemeanor. If a person commits an act of violence, as defined in § 19.2-297.1, during an unlawful assembly, he is guilty of a Class 6 felony. If any such person carried or possessed, at the time of his participation in an unlawful assembly, any firearm or other deadly or dangerous weapon, he shall be is guilty of a Class 5 felony Class 4 felony.

§ 18.2-407. Remaining at place of riot or unlawful assembly after warning to disperse; penalty.

Every person, except the owner or lessee of the premises, his family and nonrioting guests, and public officers and persons assisting them, who remains at the place of any riot or unlawful assembly after having been lawfully warned to disperse, shall be is guilty of a Class 3 misdemeanor Class 1 misdemeanor.

§ 18.2-414. Injury to property or persons by persons unlawfully or riotously assembled; penalty.

If any person or persons, unlawfully or riotously assembled, pull down, injure, or destroy, or begin to pull down, injure, or destroy any dwelling house or other building, or assist therein, or perpetrate any premeditated injury on the person of another, he shall be is guilty of a Class 6 felony. But if such violation occurs during a state of emergency, as defined in § 44-146.16, then such person is guilty of a Class 4 felony.

§ 18.2-414.1. Obstructing emergency services personnel in performance of mission; penalty.

Any person who unreasonably or unnecessarily obstructs the delivery of emergency medical services or fire protection services by emergency medical services agency personnel or fire protection services personnel, whether governmental, private, or volunteer, or who fails or refuses to cease such obstruction or move on when requested to do so by emergency medical services personnel or fire protection services personnel going to or at the site at which emergency medical services or fire protection services are required is guilty of a Class 2 misdemeanor Class 1 misdemeanor.

§ 18.2-416. Punishment for using abusive language to another; penalty.

If any person shall, in the presence or hearing of another, curse curses or abuse abuses such other person, or use uses any violent abusive language to such person concerning himself or any of his relations, or otherwise use uses such language, under circumstances reasonably calculated to provoke a breach of the peace, he shall be is guilty of a Class 3 misdemeanor.

The provisions of this section also apply to persons cursing or abusing law-enforcement officers or emergency personnel who are performing their assigned duties.

§ 18.2-419. Picketing or disrupting tranquility of home; penalty.

Any person who shall engage engages in picketing before or about the residence or dwelling place of any individual, or who shall assemble assembles with another person or persons in a manner which that disrupts or threatens to disrupt any individual's right to tranquility in his home, shall be is guilty of a Class 3 misdemeanor Class 1 misdemeanor. Each day on which a violation of this section occurs shall constitute a separate offense.

Nothing herein shall be deemed to prohibit (1) the picketing in any lawful manner, during a labor dispute, of the place of employment involved in such labor dispute; (2) the picketing in any lawful manner of a construction site; or (3) the holding of a meeting or assembly on any premises commonly used for the discussion of subjects of general public interest.

Notwithstanding the penalties herein provided, any court of general equity jurisdiction may enjoin conduct, or threatened conduct, proscribed by this article, and may in any such proceeding award damages, including punitive damages, against the persons found guilty of actions made unlawful by this section.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is ________ for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is ________ for periods of commitment to the custody of the Department of Juvenile Justice.

SENATE BILL NO. 5056

Offered August 18, 2020
Prefiled August 17, 2020
A BILL to amend and reenact § 18.2-405 of the Code of Virginia, relating to riots; acts of violence; penalty.
Patron-- Reeves

Referred to Committee on the Judiciary

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-405 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-405. What constitutes a riot; penalty.

Any unlawful use, by three or more persons acting together, of force or violence which that seriously jeopardizes the public safety, peace, or order is riot.

Every person convicted of participating in any riot shall be is guilty of a Class 1 misdemeanor. If a person commits an act of violence, as defined in § 19.2-297.1, during a riot, he is guilty a Class 6 felony.

If such person carried or possessed, at the time of such riot, any firearm or other deadly or dangerous weapon, he shall be is guilty of a Class 5 felony Class 4 felony.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.