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2004 SESSION
040920232Be 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 shall be guilty of a Class 1 misdemeanor. [ If the person commits the
assault in the presence of, or the assault is witnessed by, the person's or the victim's
minor child, minor stepchild or a minor child residing within the household of the person
or victim, the sentence shall include mandatory counseling. ]
B. On a third or subsequent conviction for assault and battery against a family
or household member, where it is alleged in the warrant, information, or
indictment on which a person is convicted, that (i) such person has been
previously convicted twice of assault and battery against a family or household
member, or of a similar offense under the law of any other jurisdiction, [
within ten 20 years of the third or subsequent offense, ] and (ii) each such
assault and battery occurred on different dates, such person shall be guilty of a Class 6 felony.
C. 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.
D. The definition of "family or household member" in § 16.1-228 applies to this section.
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 cannot be determined for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.