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2013 SESSION

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SB 224 Assault and battery; Class 1 misdemeanor against a family or household member.

Introduced by: Mark R. Herring | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Assault and battery of a family or household member; penalties.  Provides for a Class 1 misdemeanor for a battery through the application of physical force against a family or household member. This provision addresses the decision in U.S. v. White from the Fourth Circuit Court of Appeals in 2010. The proposal also expands the list of offenses that may be counted as prior convictions for the purposes of enhancing the penalty for assault and battery of a family or household member to include unlawful wounding under § 18.2-51 and nonmalicious injury by a caustic substance or fire, in violation of § 18.2-52.

SUMMARY AS INTRODUCED:

Assault and battery of a family or household member; penalties.  Provides for a Class 1 misdemeanor for the assault followed by a battery through the application of physical force against a member of a family or household member. The bill addresses the decision in U.S. v. White from the Fourth Circuit Court of Appeals in 2010.