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2008 SESSION
088121600Be 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 is guilty of a Class 1 misdemeanor.
B. Upon a 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 such person has been previously convicted of an offense against a family or household member of (i) assault and battery against a family or household member in violation of this section, (ii) malicious wounding in violation of § 18.2-51, (iii) aggravated malicious wounding in violation of § 18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of § 18.2-52, or (v) an offense under the law of any other jurisdiction that has the same elements of any of the above offenses, when the offense occurred within the previous 20 years and on a different date, the person is guilty of a Class 1 misdemeanor and shall be punished by a mandatory minimum period of confinement of five days.
BC. Upon a
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 such person has been previously convicted of two offenses
against a family or household member of (i) assault and battery against a
family or household member in violation of this section, (ii) malicious
wounding in violation of § 18.2-51, (iii) aggravated malicious wounding in
violation of § 18.2-51.2, (iv) malicious bodily injury by means of a substance
in violation of § 18.2-52, or (v) an offense under the law of any other
jurisdiction which has the same elements of any of the above offenses, in any
combination, all of which occurred within a period of 20 years, and each of
which occurred on a different date, such person is guilty of a Class 6 felony.
CD.
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.
DE. The
definition of "family or household member" in § 16.1-228 applies to
this section.