Bill Text: VA HB1196 | 2017 | Regular Session | Comm Sub

Virginia House Bill 1196 (Prior Session Legislation)

Bill Title: Arrest; failure to be physically taken into custody by using physical means to resist.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-12-02 - Left in Courts of Justice [HB1196 Detail]

Download: Virginia-2017-HB1196-Comm_Sub.html

16105041D
HOUSE BILL NO. 1196 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on February 3, 2016) (Patron Prior to Substitute--Delegate Anderson) A BILL to amend and reenact §18.2-479.1 of the Code of Virginia, relating to fleeing from a law-enforcement officer; active resistance; penalties.

Be it enacted by the General Assembly of Virginia:

1. That §18.2-479.1 of the Code of Virginia is amended and reenacted as follows:

§18.2-479.1. Fleeing from a law-enforcement officer; active resistance; penalty.

A. Any person who intentionally prevents or attempts to prevent a law-enforcement officer from lawfully arresting him, with or without a warrant, is guilty of a Class 1 misdemeanor.

B. For purposes of this section, intentionally preventing or attempting to prevent a lawful arrest means fleeing from a law-enforcement officer or failing to allow oneself to be physically taken into custody by using any physical means to resist, when (i) the officer applies physical force to the person, or (ii) the officer communicates to the person that he is under arrest, and (a) the officer has the legal authority and the immediate physical ability to place the person under arrest, and (b) a reasonable person who receives such communication knows or should know that he is not free to leave.