Bill Text: VA HB1791 | 2017 | Regular Session | Conference Sub


Bill Title: Conspiracy, incitement, etc., to riot; penalty when against public safety personnel.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2017-04-28 - Governor: Vetoed by Governor [HB1791 Detail]

Download: Virginia-2017-HB1791-Conference_Sub.html
17106014D
HOUSE BILL NO. 1791
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Governor
on March 24, 2017)
(Patron Prior to Substitute--Delegate Lingamfelter)
A BILL to amend and reenact §18.2-408 of the Code of Virginia, relating to conspiracy; incitement, etc., to riot; public safety personnel; penalty.

Be it enacted by the General Assembly of Virginia:

1. That §18.2-408 of the Code of Virginia is amended and reenacted as follows:

§18.2-408. Conspiracy; incitement, etc., to riot.

Any person who conspires with others to cause or produce a riot, or directs, or incites, or solicits other persons who participate in a riot to acts of force or violence, shall be is guilty of a Class 5 felony. Any person who commits a conspiracy that intentionally selects the person against whom the riot is aimed because he is a law-enforcement officer as defined in §9.1-101, firefighter as defined in § 65.2-102, volunteer firefighter who is employed by or is a member of a bona fide volunteer fire department, emergency medical services personnel as defined in §32.1-111.1, or member of the Virginia National Guard or the Virginia Defense Force on official state duty or federal duty under Title 32 of the United States Code is guilty of a Class 3 felony. Any person who commits a conspiracy that intentionally selects the person against whom the riot is aimed because of race, religious convictions, color, sexual orientation, or national origin is guilty of a Class 3 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, 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.

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