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2006 SESSION

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HB 1016 Assault and battery; increases penalty if committed against judge, etc.

Introduced by: Robert Hurt | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Assault and battery.  Elevates an assault and battery from a Class 1 misdemeanor to a Class 6 felony if the victim is a judge in any Virginia court, if the official was engaged in his public duties.  The bill defines "judge" as any justice or judge including a judge designated under § 17.1-105, a judge under temporary recall under § 17.1-106, or a judge pro tempore under § 17.1-109, any member of the State Corporation Commission, or of the Virginia Workers' Compensation Commission, and any judge of a district court or any substitute judge of a district court.  Under current law the enhanced penalty applies to law-enforcement officers, correctional officers and firefighters and lifesaving, rescue and emergency medical squad members who are engaged in the performance of their public duties as such.

SUMMARY AS PASSED HOUSE:

Assault and battery. Elevates an assault and battery from a Class 1 misdemeanor to a Class 6 felony if the victim is a justice or judge of any Virginia court, a clerk of court, or a magistrate if the official was engaged in his public duties. Under current law the enhanced penalty applies to law-enforcement officers, correctional officers and firefighters and lifesaving, rescue and emergency medical squad members who are engaged in the performance of their public duties as such.

SUMMARY AS INTRODUCED:

Assault and battery. Elevates an assault and battery from a Class 1 misdemeanor to a Class 6 felony if the victim is a justice or judge of any Virginia court, a clerk of court, or a magistrate if the official was engaged in his public duties or if the assault was because of his public duties. Under current law the enhanced penalty applies to law-enforcement officers, correctional officers and firefighters and lifesaving, rescue and emergency medical squad members who are engaged in the performance of their public duties as such. This amendment will cause the enhanced penalty to also apply when the assault or assault and battery is because of the person's public duties.