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1995 SESSION

LD1235443
HOUSE BILL NO. 1278
Offered January 25, 1994
A BILL to amend and reenact §§ 18.2-57.2 and 18.2-60.3 of the Code of Virginia, relating to assault and battery against a family member; stalking; firearms prohibition.
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Patrons--Scott, Cohen, Forbes, Hamilton, Hull, Jones, J.C., Moss, Plum, Robinson and Wardrup; Senator: Howell
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That §§ 18.2-57.2 and 18.2-60.3 of the Code of Virginia are amended and reenacted as follows:

§ 18.2-57.2. Assault and battery against a family or household member.

A. Any person who commits an assault and battery against a family or household member shall be guilty of a Class 1 misdemeanor.

B. On a third or subsequent 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 (i) such person has been previously convicted twice of assault and battery against a family or household member, or of a similar offense under the law of any other jurisdiction, within ten years of the third or subsequent offense, and that (ii) each such assault and battery occurred on different dates, such person shall be guilty of a Class 6 felony.

C. As used in this section, "family or household member" means (i) the defendant's spouse, whether or not he or she resides in the same home with the defendant, (ii) the defendant's former spouse, whether or not he or she resides in the same home with the defendant, (iii) the defendant's parents, stepparents, children, stepchildren, brothers and sisters, grandparents and grandchildren who reside in the same home with the defendant, (iv) the defendant's mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the defendant, (v) any person who has a child in common with the defendant, whether or not the defendant and that person have been married or have resided together at any time, or (vi) any individual who cohabits or who, within the previous twelve months, cohabited with the defendant, and any children of either of them then residing in the same home with the defendant.

D. Notwithstanding any other provision of law, any violation under this section shall, upon conviction, make the offender ineligible to purchase a firearm. The clerk shall certify to the Central Criminal Records Exchange, on forms provided by the exchange, a copy of the court order for purposes relating to the firearms transaction record check authorized by § 18.2-308.2:2. This information shall be kept confidential and used only for purposes of such record check.

§ 18.2-60.3. Stalking; penalty.

A. Any person who on more than one occasion engages in conduct with the intent to cause emotional distress to another person by placing that person in reasonable fear of death or bodily injury shall be guilty of a Class 2 misdemeanor.

B. Any person who violates subsection A when there is a protective order or an injunction in effect prohibiting family abuse, as defined in § 16.1-228, against the individual who is the victim of the conduct described in subsection A, or prohibiting contact between the person and that same individual, shall be guilty of a Class 1 misdemeanor.

C. A second conviction occurring within five years of a first conviction for an offense under this section or for a similar offense under the law of any other jurisdiction shall be a Class 1 misdemeanor. A third conviction occurring within five years of a conviction for an offense under this section or for a similar offense under the law of any other jurisdiction shall be a Class 6 felony.

C. Notwithstanding any other provision of law, any violation under this section shall, upon conviction, make the offender ineligible to purchase a firearm. The clerk shall certify to the Central Criminal Records Exchange, on forms provided by the exchange, a copy of the court order for purposes relating to the firearms transaction record check authorized by § 18.2-308.2:2. This information shall be kept confidential and used only for purposes of such record check.