Assault and battery; penalty.
Summary
Assault and battery; penalty. Eliminates the mandatory minimum term of confinement for a simple assault or an assault and battery committed against a judge; magistrate; law-enforcement officer; correctional officer; person directly involved in the care, treatment, or supervision of inmates; firefighter; or volunteer firefighter or any emergency medical services personnel. The bill provides that any person charged with such offense where the degree of culpability is slight, a jury or the court may find the accused not guilty of such offense but guilty of a simple assault or assault and battery, punishable as a Class 1 misdemeanor. The bill also provides that before any arrest, indictment, or service of a petition in the case of a juvenile is made for an alleged assault and battery against a law-enforcement officer, such alleged assault and battery shall be investigated by another law-enforcement officer who was not the subject of such alleged assault and battery and the arrest, indictment, or service of a petition shall be approved by the attorney for the Commonwealth.
Bill status
passed both
4 of 5 stages cleared
Introduction
Aug 2020
Committee Review
Sep 2020
Senate Passage
Aug 2020
House of Delegates Passage
Sep 2020
Governor
Introduced Aug 13, 2020
Last action Sep 22, 2020
Floor votes · Senate Aug 26, 2020
How they voted
21–15
Passed · 4 other
Total votes 40
Aug 26, 2020
D
Democratic21
100% Yea
R
Republican19
78% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
16
Key actions
6
Committee
6
Sep 22, 2020
Lower · Passed
Passed by indefinitely in Courts of Justice (18-Y 1-N)
lower
Sep 17, 2020
Committee
Referred to Committee for Courts of Justice
lower
Aug 26, 2020
Upper · Passed
Read third time and passed Senate (21-Y 15-N)
upper
Aug 20, 2020
Upper · Passed
Engrossed by Senate - committee substitute SB5032S1
upper
Aug 20, 2020
Upper · Passed
Committee substitute agreed to 20200824D-S1
upper
Aug 18, 2020
Upper · Passed
Reported from Judiciary with substitute (9-Y 5-N)
upper
Aug 18, 2020
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Aug 13, 2020
Committee
Referred to Committee on the Judiciary
upper
Aug 13, 2020
Introduced
Prefiled and ordered printed; offered 08/18/20 20200717D
upper
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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