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SB1306

Assault and battery; penalty.

Status:
In House

Chief Patron:
Joe Morrissey (D)

Session:
2021 Regular Session

Summary

As Passed House of Origin. 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. (Less)

  • Bill History

  • 01/12/2021 - Senate: Prefiled and ordered printed; offered 01/13/21 21102781D
  • 01/12/2021 - Senate: Referred to Committee on the Judiciary
  • 01/20/2021 - Senate: Senate committee, floor amendments and substitutes offered
  • 01/27/2021 - Senate: Impact statement from DPB (SB1306)
  • 02/01/2021 - Senate: Committee substitute printed 21103079D-S1
  • 02/01/2021 - Senate: Reported from Judiciary with substitute (9-Y 5-N)
  • 02/02/2021 - Senate: Impact statement from DPB (SB1306S1)
  • 02/02/2021 - Senate: Constitutional reading dispensed (36-Y 0-N)
  • 02/03/2021 - Senate: Read second time
  • 02/03/2021 - Senate: Reading of substitute waived
  • 02/03/2021 - Senate: Committee substitute agreed to 21103079D-S1
  • 02/03/2021 - Senate: Reading of amendments waived
  • 02/03/2021 - Senate: Amendments #1 and #2 by Senator Edwards agreed to
  • 02/03/2021 - Senate: Engrossed by Senate - committee substitute with amendments SB1306ES1
  • 02/03/2021 - Senate: Printed as engrossed 21103079D-ES1
  • 02/04/2021 - Senate: Read third time and passed Senate (21-Y 18-N)   Close Floor Vote
  • 02/05/2021 - Senate: Impact statement from DPB (SB1306ES1)
  • 02/07/2021 - House: Placed on Calendar
  • 02/07/2021 - House: Read first time
  • 02/07/2021 - House: Referred to Committee for Courts of Justice
  • 02/08/2021 - House: Continued to Special Session 1 in Courts of Justice
  • 03/01/2021 - House: Left in Courts of Justice

Full text and vote history:

Virginia Legislative Information System

RichmondSunlight.com

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