SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2004 SESSION
047539828Patrons-- Ticer, Howell and Puller; Delegates: Amundson, Dillard, Plum and Scott, J.M.
Be it enacted by the General Assembly of Virginia:
1. That §§ 8.01-42.1, 18.2-57, 18.2-121 and 52-8.5 of the Code of Virginia are amended and reenacted as follows:
§ 8.01-42.1. Civil action for racial, religious, or ethnic harassment, violence or vandalism.
A. An action for injunctive relief or civil damages, or both, shall lie for any
person who is subjected to acts of (i) intimidation or harassment or (ii)
violence directed against his person; or (iii) vandalism directed against his
real or personal property, where such acts are motivated by racial, religious,
or ethnic animosity based on race, color, religious conviction, national
origin, sexual orientation, or the perception thereof.
B. Any aggrieved party who initiates and prevails in an action authorized by this section shall be entitled to damages, including punitive damages, and in the discretion of the court to an award of the cost of the litigation and reasonable attorneys' fees in an amount to be fixed by the court.
C. The provisions of this section shall not apply to any actions between an employee and his employer, or between or among employees of the same employer, for damages arising out of incidents occurring in the workplace or arising out of the employee-employer relationship.
§ 18.2-57. Assault and battery.
A. Any person who commits a simple assault or assault and battery shall be is
guilty of a Class 1 misdemeanor, and if the person intentionally selects the person against
whom a simple assault is committed because of his race, religious conviction, color
or ,national origin, sexual orientation, or the perception thereof, the
penalty upon conviction shall include a mandatory, minimum term of confinement of at
least six months, thirty 30 days of which shall not be suspended, in
whole or in part.
B. However, if a person intentionally selects the person against whom an
assault and battery resulting in bodily injury is committed because of his
race, religious conviction, color or, national origin, sexual orientation, or
the perception thereof, the person shall be is guilty of a Class 6 felony, and
the penalty upon conviction shall include a mandatory, minimum term of
confinement of at least six months, thirty 30 days of which shall not be
suspended, in whole or in part a mandatory minimum term of confinement.
C. In addition, if any person commits an assault or an assault and battery
against another knowing or having reason to know that such other person is a
law-enforcement officer as defined hereinafter, a correctional officer as
defined in § 53.1-1, a person employed by the Department of Corrections
directly involved in the care, treatment or supervision of inmates in the custody of
the Department or a firefighter as defined in § 65.2-102, engaged in the
performance of his public duties as such, such person shall be is guilty of a
Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory, minimum
term of confinement for six months which mandatory, minimum term shall not be suspended, in whole or
in part.
Nothing in this subsection shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.
D. In addition, if any person commits a battery against another knowing or
having reason to know that such other person is a full-time or part-time
teacher, principal, assistant principal, or guidance counselor of any public or
private elementary or secondary school and is engaged in the performance of his
duties as such, he shall be is guilty of a Class 1 misdemeanor and the
sentence of such person upon conviction shall include a mandatory, minimum sentence
of fifteen 15 days in jail, two days of which shall not be suspended in
whole or in part. However, if the offense is committed by use of a firearm or other weapon
prohibited on school property pursuant to § 18.2-308.1, the person shall serve
a mandatory, minimum sentence of confinement of six months which shall not be
suspended in whole or in part.
E. As used in this section:
"Law-enforcement officer" means any full-time or part-time employee of a police department or sheriff's office which is part of or administered by the Commonwealth or any political subdivision thereof, who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of this Commonwealth, and any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115, and game wardens appointed pursuant to § 29.1-200, and such officer also includes jail officers in local and regional correctional facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court services or local jail responsibilities, auxiliary police officers appointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733 and auxiliary deputy sheriffs appointed pursuant to § 15.2-1603.
"School security officer" means an individual who is employed by the local school board for the purpose of maintaining order and discipline, preventing crime, investigating violations of school board policies and detaining persons violating the law or school board policies on school property, a school bus or at a school-sponsored activity and who is responsible solely for ensuring the safety, security and welfare of all students, faculty and staff in the assigned school.
F. "Simple assault" or "assault and battery" shall not be construed to include the use of, by any teacher, principal, assistant principal, guidance counselor, or school security officer, in the course and scope of his acting official capacity, any of the following: (i) incidental, minor or reasonable physical contact or other actions designed to maintain order and control; (ii) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property; (iii) reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv) reasonable and necessary force for self-defense or the defense of others; or (v) reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that are upon the person of the student or within his control.
In determining whether a person was acting within the exceptions provided in this subsection, due deference shall be given to reasonable judgments that were made by a teacher, principal, assistant principal, guidance counselor, or school security officer at the time of the event.
§ 18.2-121. Entering property of another for purpose of damaging it, etc.
It shall be is unlawful for any person to enter the land, dwelling, outhouse
or any other building of another for the purpose of damaging such property or any of the contents
thereof or in any manner to interfere with the rights of the owner, user or the occupant thereof to
use such property free from interference.
Any person violating who violates the provisions of this section shall be is
guilty of a Class 1 misdemeanor. However, if a person intentionally selects the property entered because of the race,
religious conviction, color or , national origin, sexual orientation, or the
perception thereof, of the owner, user or occupant of the property, the person
shall be is guilty of a Class 6 felony, and the penalty upon conviction
shall include a mandatory, minimum term of confinement of at least six months,
thirty 30 days of which shall not be suspended, in whole or in part a
mandatory minimum term of confinement.
§ 52-8.5. Reporting hate crimes.
A. The Superintendent shall establish and maintain within the Department of State Police a central repository for the collection and analysis of information regarding hate crimes and groups and individuals carrying out such acts.
B. State, county and municipal law-enforcement agencies shall report to the Department all hate crimes occurring in their jurisdictions in a form, time and manner prescribed by the Superintendent. Such reports shall not be open to public inspection except insofar as the Superintendent shall permit.
C. For purposes of this section, "hate crime" means (i) a criminal act
committed against a person or his property with the specific intent of
instilling fear or intimidation in the individual against whom the act is
perpetrated because of race, religion or ethnic origin religious conviction,
color, national origin, sexual orientation, or the perception thereof, or that
is committed for the purpose of restraining that person from exercising his rights under the Constitution
or laws of this Commonwealth or of the United States, (ii) any illegal act directed against any persons or
their property because of those persons' race, religion or religious
conviction, color, national origin, sexual orientation, or the perception
thereof, and (iii) all other incidents, as determined by law-enforcement
authorities, intended to intimidate or harass any individual or group because of
race, religion or religious conviction, color, national origin, sexual
orientation, or the perception thereof.
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 at least $3,689 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.