Assault and battery; penalty. (SB1306)

Introduced By

Sen. Joe Morrissey (D-Richmond) with support from co-patron Sen. Scott Surovell (D-Mount Vernon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Assault and battery; penalty. Eliminates the mandatory minimum term of confinement of six months for an assault and battery committed against a judge, magistrate, law-enforcement officer, correctional officer, person directly involved in the care, treatment, or supervision of inmates, firefighter or volunteer firefighter, or emergency medical services personnel. The bill removes simple assault from enhanced punishment and provides that the enhanced punishment applies for assault and battery only when it results in bodily injury. The bill also provides that a jury or the court may find any person charged with such offense (i) whose physical or mental capacity is diminished to the extent that he needs counseling or supervisory assistance or assistance with activities of daily living or instrumental activities of daily living or (ii) who has been diagnosed with an autism spectrum disorder, a developmental disability, or an intellectual disability, not guilty of such offense but guilty of a simple assault or assault and battery, punishable as a Class 1 misdemeanor. The bill also provides that before any arrest, indictment, or service of a petition in the case of a juvenile is made for an alleged assault and battery against a law-enforcement officer, (a) such alleged assault and battery shall be investigated by another law-enforcement officer who was not the subject of such alleged assault and battery and (b) the arrest, indictment, or service of a petition shall be approved by the attorney for the Commonwealth. Read the Bill »


03/01/2021: Failed to Pass in Committee


01/12/2021Prefiled and ordered printed; offered 01/13/21 21102781D
01/12/2021Referred to Committee on the Judiciary
01/20/2021Senate committee, floor amendments and substitutes offered
01/27/2021Impact statement from DPB (SB1306)
02/01/2021Committee substitute printed 21103079D-S1
02/01/2021Reported from Judiciary with substitute (9-Y 5-N) (see vote tally)
02/02/2021Impact statement from DPB (SB1306S1)
02/02/2021Constitutional reading dispensed (36-Y 0-N) (see vote tally)
02/03/2021Read second time
02/03/2021Reading of substitute waived
02/03/2021Committee substitute agreed to 21103079D-S1
02/03/2021Reading of amendments waived
02/03/2021Amendments #1 and #2 by Senator Edwards agreed to
02/03/2021Engrossed by Senate - committee substitute with amendments SB1306ES1
02/03/2021Printed as engrossed 21103079D-ES1
02/04/2021Read third time and passed Senate (21-Y 18-N) (see vote tally)
02/05/2021Impact statement from DPB (SB1306ES1)
02/07/2021Placed on Calendar
02/07/2021Read first time
02/07/2021Referred to Committee for Courts of Justice
02/08/2021Continued to Special Session 1 in Courts of Justice
03/01/2021Left in Courts of Justice