Bill Text: VA HB1616 | 2011 | Regular Session | Introduced
Bill Title: Assault and battery against family or household member; penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-08 - House: Left in Courts of Justice [HB1616 Detail]
Download: Virginia-2011-HB1616-Introduced.html
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11103052D Be it enacted by the General Assembly of Virginia: 1. That § 18.2-57.2 of the Code of Virginia is amended and reenacted as follows: § 18.2-57.2. Assault and battery against a family or household member; penalty. A. Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor. B. Upon a conviction for assault and battery against a family or household member, where it is alleged in the warrant, petition, information, or indictment on which a person is convicted, that such person has been previously convicted of two offenses against a family or household member of (i) assault and battery against a family or household member in violation of this section, (ii) malicious wounding in violation of § 18.2-51, (iii) aggravated malicious wounding in violation of § 18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of § 18.2-52, or (v) an offense under the law of any other jurisdiction which has the same elements of any of the above offenses, in any combination, all of which occurred within a period of 20 years, and each of which occurred on a different date, such person is guilty of a Class 6 felony. C. Any adult who maintains a custodial relationship over a juvenile, including but not limited to a parent, stepparent, grandparent, or stepgrandparent, or who stands in loco parentis with respect to such juvenile, and who knowingly allows that juvenile to be (i) present in the same dwelling, apartment as defined in § 55-79.2, unit of a hotel as defined in § 35.1-1, garage, shed, or vehicle during the assault and battery of a family or household member, or (ii) in such proximity to an assault and battery of a family or household member that the juvenile sees or hears the assault and battery, is guilty of a Class 1 misdemeanor D. Whenever a warrant for a violation of this section is issued, the magistrate shall issue an emergency protective order as authorized by § 16.1-253.4, except if the defendant is a minor, an emergency protective order shall not be required.
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