VA SB1306 | 2021 | Regular Session

Status

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]

Summary

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.

Tracking Information

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Title

Assault and battery; penalty.

Sponsors


Roll Calls

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]

History

DateChamberAction
2021-02-08HouseContinued to Special Session 1 in Courts of Justice by voice vote
2021-02-07HouseReferred to Committee for Courts of Justice
2021-02-07HouseRead first time
2021-02-07HousePlaced on Calendar
2021-02-04SenateRead third time and passed Senate (21-Y 18-N)
2021-02-03SenatePrinted as engrossed 21103079D-ES1
2021-02-03SenateEngrossed by Senate - committee substitute with amendments SB1306ES1
2021-02-03SenateAmendments #1 and #2 by Senator Edwards agreed to
2021-02-03SenateReading of amendments waived
2021-02-03SenateCommittee substitute agreed to 21103079D-S1
2021-02-03SenateReading of substitute waived
2021-02-03SenateRead second time
2021-02-02SenateConstitutional reading dispensed (36-Y 0-N)
2021-02-01SenateReported from Judiciary with substitute (9-Y 5-N)
2021-02-01SenateCommittee substitute printed 21103079D-S1
2021-01-12SenateReferred to Committee on the Judiciary
2021-01-12SenatePrefiled and ordered printed; offered 01/13/21 21102781D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
18257(n/a)See Bill Text
1929.2(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+SB1306
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1306+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1306S1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1306ES1+hil
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/21103079D.pdf
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+amd+SB1306AS
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+SB1306F122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+SB1306FS1122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+SB1306FES1122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+S03V0113+SB1306
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+SV0257SB1306+SB1306
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+SV0302SB1306+SB1306

Bill Comments

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