Virginia Senate Bill 1306 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 2-0)
Status: Engrossed on February 3 2021 - 50% progression, died in chamber
Action: 2021-02-08 - Continued to Special Session 1 in Courts of Justice by voice vote
Text: Latest bill text (Engrossed) [HTML]

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. 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.

Assault and battery; penalty.

Sen. Joseph Morrissey [D]

Sen. Scott Surovell [D]

2021-02-04 - Senate - Senate: Read third time and passed Senate (21-Y 18-N) (Y: 21 N: 18 NV: 0 Abs: 0) [PASS]
2021-02-02 - Senate - Senate: Constitutional reading dispensed (36-Y 0-N) (Y: 36 N: 0 NV: 0 Abs: 3) [PASS]
2021-02-01 - Senate - Senate: Reported from Judiciary with substitute (9-Y 5-N) (Y: 9 N: 5 NV: 0 Abs: 0) [PASS]

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

SB1306 (Carry Over) 2021-02-08 - Continued to Special Session 1 in Courts of Justice by voice vote

Chapter	Article	Section	Citation Type	Statute Text
18	2	57	(n/a)	See Bill Text
19	2	9.2	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+SB1306
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1306+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1306S1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1306ES1+hil
Amendment	https://committees.lis.virginia.gov/pdfs/drafts/21103079D.pdf
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?211+amd+SB1306AS
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+SB1306F122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+SB1306FS1122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+SB1306FES1122+PDF
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+S03V0113+SB1306
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+SV0257SB1306+SB1306
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+SV0302SB1306+SB1306