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    Document Summary
    - Report Published -

    Report Document No. 48
    PUBLICATION YEAR 2004

    Document Title
    HB 220 - Assault and Battery Against a Family or Household Member

    Author
    Virginia State Crime Commission

    Enabling Authority
    30-158

    Executive Summary
    During the 2002 Session of the Virginia General Assembly, Delegate Charles W. Carrico, Sr., introduced House Bill 220 (HB 220), (*1) which would amend 18.2-57.2, (*2) Code of Virginia related to the enhancement of penalties for assault and battery against a family/household member. This bill was referred to the Senate Courts of Justice Committee where it was left in Committee pending referral and study by the Virginia State Crime Commission. As a result of the study effort, the following recommendations will be made to the Committee concerning the passage of the bill as presented.

    Recommendation

    Because this proposed legislative implementation would alter the current policy regarding criminal punishment enhancement in the Code of Virginia, it is the recommendation of the Virginia State Crime Commission that this legislation not be adopted.
    _________________________________
    (*1) House Bill 220, 2002 General Assembly, Reg. Sess., (Va. 2002). See attachment 1.
    (*2) 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 (ii) each such assault and battery occurred on different dates, such person shall be guilty of a Class 6 felony.
    C. 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. The definition of "family or household member" in 16.1-228 applies to this section.