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2017 SESSION
17100361DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-57.02 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-57.02. Disarming a law-enforcement or correctional officer; penalty.
Any person who knows or has reason to know a person is a
law-enforcement officer as defined in § 18.2-57, a correctional officer as
defined in § 53.1-1, or a person employed by the Department of Corrections
directly involved in the care, treatment or supervision of inmates in the
custody of the Department, who is engaged in the performance of his duties as
such and, with the intent to impede or prevent any such person from performing
his official duties, knowingly and without the person's permission removes a
chemical irritant weapon or impact weapon from the possession of the officer or
deprives the officer of the use of the weapon is guilty of a Class 1 misdemeanor 6 felony. However, if the
weapon removed or deprived in violation of this section is the officer's
firearm or stun weapon as defined in § 18.2-308.1, he shall
be is
guilty of a Class 6 4 felony. A violation of this
section shall constitute a separate and distinct offense.
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 is at least $29,941 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.