Assault and battery; penalty. (SB1306)

Introduced By

Sen. Joe Morrissey (D-Richmond)

Progress

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

Description

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 where the degree of culpability is slight, due to diminished physical or mental capacity or an autism spectrum disorder, 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, (i) 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 (ii) the arrest, indictment, or service of a petition shall be approved by the attorney for the Commonwealth. Read the Bill »

Status

01/12/2021: Awaiting a Vote in the Judiciary Committee

History

DateAction
01/12/2021Prefiled and ordered printed; offered 01/13/21 21102781D
01/12/2021Referred to Committee on the Judiciary

Comments

Teresa L Champion writes:

This bill was presented in 2020 and was shot down in the House. Praying that it passes this year. someone who is autistic can present as someone in a mental health crisis. Many people with disabilities don't have control over their purposeful body movements or can have a tic disorder where they spit or move about without control.
"If any person is charged with committing an offense in violation of this subsection where the degree of culpability is slight, due to such person's diminished physical or mental capacity or diagnosis of autism spectrum disorder as defined in § 38.2-3418.17, or if there is no bodily injury, a jury or the court may find the accused not guilty of violating this subsection but guilty of a simple assault or assault and battery in violation of subsection A, punishable as a Class 1 misdemeanor."
Please make sure this bill passes.

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