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SB 5032 - Repeals the 6-Month Mandatory Minimum Requirement for Assaulting Law Enforcement - Virginia Key Vote

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Title: Repeals the 6-Month Mandatory Minimum Requirement for Assaulting Law Enforcement

Vote Smart's Synopsis:

Vote to pass a bill that repeals the 6-month mandatory minimum sentencing requirement for assaulting a law enforcement officer.

Highlights:

 

  • Specifies that any person who commits an assault or assault and battery against another knowing or having reason to know that such person is a judge, magistrate, law enforcement officer, correctional officer, a person directly involved in the care, treatment, or supervision of inmates in the Department of Corrections, is a firefighter, or is an emergency medical service provider, is guilty of a Class 6 felony (Sec. 1).

  • Authorizes a jury to find the accused not guilty of violating the above highlight but guilty of a simple assault or assault and battery as a Class 1 misdemeanor for any person charged with committing the offense where the degree of culpability is slight, due to the person’s diminished physical or mental capability or pervasive developmental disorder, or if there is no bodily injury (Sec. 1).

  • Specifies that before any arrest, indictment, or service of a petition in the case of a juvenile is made for a violation where the alleged assault and battery was committed against a law enforcement officer, such alleged assault and battery is required to be investigated by another law enforcement officer who was not the subject of the alleged assault and battery and the arrest, indictment or service of a petition will be approved the attorney for the state (Sec. 2).

Title: Repeals the 6-Month Mandatory Minimum Requirement for Assaulting Law Enforcement

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