Bill Text: VA HB2042 | 2019 | Regular Session | Comm Sub

Virginia House Bill 2042 (Prior Session Legislation)

VA State Legislature page for HB2042

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Assault and battery against a family or household member; prior conviction, etc.

Spectrum: Slight Partisan Bill (Democrat 13-5)

Status: (Vetoed) 2019-05-01 - Governor: Vetoed by Governor [HB2042 Detail]

Download: Virginia-2019-HB2042-Comm_Sub.html

19105044D
HOUSE BILL NO. 2042 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on February 1, 2019) (Patron Prior to Substitute--Delegate Murphy) A BILL to amend and reenact §18.2-57.2 of the Code of Virginia, relating to assault and battery against a family or household member; prior conviction; mandatory minimum term of confinement.

Be it enacted by the General Assembly of Virginia:

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

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

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

B. Upon a conviction for assault and battery against a family or household member, where it is alleged in the warrant, petition, information, or indictment on which a person is convicted, that such person has been previously convicted of an offense that occurred within a period of 20 years of the instant offense against a family or household member of (i) assault and battery against a family or household member in violation of this section, (ii) malicious wounding or unlawful wounding in violation of § 18.2-51, (iii) aggravated malicious wounding in violation of §18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of §18.2-52, (v) strangulation in violation of §18.2-51.6, or (vi) an offense under the law of any other jurisdiction which has the same elements of any of the above offenses is guilty of a Class 1 misdemeanor and the sentence of such person shall include a mandatory minimum term of confinement of 60 days.

C. Upon a conviction for assault and battery against a family or household member, where it is alleged in the warrant, petition, information, or indictment on which a person is convicted, that such person has been previously convicted of two offenses against a family or household member of (i) assault and battery against a family or household member in violation of this section, (ii) malicious wounding or unlawful wounding in violation of § 18.2-51, (iii) aggravated malicious wounding in violation of §18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of §18.2-52, (v) strangulation in violation of §18.2-51.6, or (vi) an offense under the law of any other jurisdiction which has the same elements of any of the above offenses, in any combination, all of which occurred within a period of 20 years, and each of which occurred on a different date, such person is guilty of a Class 6 felony.

C. D. Whenever a warrant for a violation of this section is issued, the magistrate shall issue an emergency protective order as authorized by §16.1-253.4, except if the defendant is a minor, an emergency protective order shall not be required.

D. E. The definition of "family or household member" in §16.1-228 applies to this section.