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2017 SESSION

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16104278D
HOUSE BILL NO. 1196 Offered January 15, 2016 A BILL to amend and reenact § 18.2-479.1 of the Code of Virginia, relating to resisting arrest. ---------- Patron-- Anderson ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-479.1 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-479.1. Resisting arrest; penalty.

A. Any person who intentionally prevents or attempts to prevent a law-enforcement officer from lawfully arresting him, with or without a warrant, is guilty of a Class 1 misdemeanor.

B. For purposes of this section, intentionally preventing or attempting to prevent a lawful arrest means fleeing from a law-enforcement officer failing to submit to the lawful commands of a law-enforcement officer or failing to allow oneself to be physically taken into custody by using either active or passive means to resist when (i) the officer applies physical force to the person, or (ii) the officer communicates to the person that he is under arrest and (a) the officer has the legal authority and the immediate physical ability to place the person under arrest, and (b) a reasonable person who receives such communication knows or should know that he is not free to leave.