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2012 SESSION
12103930DBe 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 in violation of this subsection is guilty of a Class 1 misdemeanor except that where it is alleged in the warrant, petition, information, or indictment on which a person is convicted that such person strangled the family or household member, he is guilty of a Class 6 felony.
B. Upon a conviction for assault and battery against a family
or household member, where it is alleged in the warrant, petition, 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, any
violation of § 18.2-51, 18.2-51.2, or 18.2-52, or (v) (iii)
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 in violation of this subsection is
guilty of a Class 6 felony except that where it
is additionally alleged in the
warrant, petition, information, or indictment on which a person is convicted,
that such person strangled the family or household member, he is guilty of a
Class 5 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 For purposes of this section:
"familyFamily or household
member" shall have the same
meaning as set forth in § 16.1-228 applies
to this section.
"Strangle" means to impede the blood circulation or respiration of a person by knowingly and intentionally (i) applying pressure to the neck or (ii) obstructing the nose, mouth, or breathing passages of such person.
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; therefore, Chapter 890 of the Acts of Assembly of 2011 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.