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2021 SESSION

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21103380D
HOUSE BILL NO. 1936 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on January 27, 2021) (Patron Prior to Substitute--Delegate Watts) A BILL to amend and reenact § 18.2-58 of the Code of Virginia, relating to robbery; penalties.

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-58 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-58. How punished.

If any A. For the purposes of this section, "serious bodily injury" means the same as that term is defined in § 18.2-51.4.

B. Any person commit who commits robbery by partial strangulation, or suffocation, or by striking or beating, or by other violence to the person, or by assault or otherwise putting a person in fear of serious bodily harm, or by the threat or presenting of firearms, or other deadly weapon or instrumentality whatsoever, he shall be is guilty of a felony and shall be punished by confinement in a state correctional facility for life or any term not less than five years as follows:

1. Any person who commits robbery and causes serious bodily injury to or the death of any other person is guilty of a Class 2 felony.

2. Any person who commits robbery by using or displaying a firearm in a threatening manner is guilty of a Class 3 felony.

3. Any person who commits robbery by using physical force not resulting in serious bodily injury or by using or displaying a deadly weapon other than a firearm in a threatening manner is guilty of a Class 5 felony.

4. Any person who commits robbery by using threat or intimidation not involving a deadly weapon is guilty of a Class 6 felony.

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 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 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.