Bill Text: VA HB1791 | 2017 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Conspiracy, incitement, etc., to riot; penalty when against public safety personnel.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2017-04-28 - Governor: Vetoed by Governor [HB1791 Detail]

Download: Virginia-2017-HB1791-Comm_Sub.html

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17105318D
HOUSE BILL NO. 1791 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee for Courts of Justice on February 8, 2017) (Patron Prior to Substitute--Delegate Lingamfelter) A BILL to amend and reenact §18.2-408 of the Code of Virginia, relating to conspiracy; incitement, etc., to riot; public safety personnel; penalty.

Be it enacted by the General Assembly of Virginia:

1. That §18.2-408 of the Code of Virginia is amended and reenacted as follows:

§18.2-408. Conspiracy; incitement, etc., to riot.

Any person who conspires with others to cause or produce a riot, or directs, or incites, or solicits other persons who participate in a riot to acts of force or violence, shall be is guilty of a Class 5 felony. However, any person who conspires with others to cause or produce a riot against, or directs or incites other persons who participate in a riot to acts of force or violence against, a law-enforcement officer as defined in §9.1-101, firefighter as defined in §65.2-102, volunteer firefighter who is employed by or is a member of a bona fide volunteer fire department, emergency medical services personnel as defined in §32.1-111.1, or member of the Virginia National Guard or the Virginia Defense Force on official state duty or federal duty under Title 32 of the United States Code is guilty of a Class 3 felony.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.