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2000 SESSION

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001337824
HOUSE BILL NO. 349 Offered January 12, 2000 A BILL to amend and reenact § 18.2-35 of the Code of Virginia and to amend the Code of Virginia by adding in Article 4 of Chapter 4 of Title 18.2 a section numbered 18.2-57.4, relating to injury to or death of an infant under the age of five; penalty. ---------- Patron-- Marshall ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-35 of the Code of Virginia is amended and reenacted, and that the Code of Virginia is amended by adding in Article 4 of Chapter 4 of Title 18.2 a section numbered 18.2-57.4 as follows:

§ 18.2-35. How voluntary manslaughter punished.

Voluntary manslaughter is punishable as a Class 5 felony. However, if the victim is under the age of five, it shall be punishable as a Class 4 felony.

§ 18.2-57.4. Assault and battery against an infant under the age of five.

Any person over the age of fourteen who commits an assault and battery against a person under the age of five which results in severe bodily injury or permanent and significant physical impairment is guilty of a Class 5 felony.

2. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is