SB5057: Unlawful assembly; acts of violence, penalty.

SENATE BILL NO. 5057

Offered August 18, 2020
Prefiled August 17, 2020
A BILL to amend and reenact § 18.2-406 of the Code of Virginia, relating to unlawful assembly; acts of violence; penalty.
Patron-- Reeves

Referred to Committee on the Judiciary

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-406 of the Code of Virginia is amended and reenacted as follows:

§ 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 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.