Bill Text: VA SB1033 | 2013 | Regular Session | Chaptered

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Bill Title: Juvenile and adult facilities; punishment for certain offenses committed within facilities, etc.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-04-03 - Governor: Acts of Assembly Chapter text (CHAP0782) [SB1033 Detail]

Download: Virginia-2013-SB1033-Chaptered.html

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CHAPTER 782 An Act to amend and reenact §§18.2-48.1, 18.2-57, 18.2-431.1, 18.2-473.1, 18.2-474, 18.2-474.1, 18.2-475, 18.2-476, and 18.2-477.2 of the Code of Virginia, relating to juvenile and adult facilities; certain offenses; penalties. [S 1033] Approved April 3, 2013

 

Be it enacted by the General Assembly of Virginia:

1. That §§18.2-48.1, 18.2-57, 18.2-431.1, 18.2-473.1, 18.2-474, 18.2-474.1, 18.2-475, 18.2-476, and 18.2-477.2 of the Code of Virginia are amended and reenacted as follows:

§18.2-48.1. Abduction by prisoners or committed persons; penalty.

Any prisoner person confined in a state, local, or community correctional facility or committed to the Department of Juvenile Justice in any juvenile correctional center, or in the custody of an employee thereof, or who has escaped from any such facility or from any person in charge of such prisoner or committed person, who abducts or takes any person hostage shall be is guilty of a Class 3 felony.

§18.2-57. Assault and battery.

A. Any person who commits a simple assault or assault and battery shall be is guilty of a Class 1 misdemeanor, and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color or national origin, the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.

B. However, if a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race, religious conviction, color or national origin, the person shall be is guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.

C. In addition, if any person commits an assault or an assault and battery against another knowing or having reason to know that such other person is a judge, a law-enforcement officer as defined hereinafter in subsection F, a correctional officer as defined in §53.1-1, a person employed by the Department of Corrections directly involved in the care, treatment, or supervision of inmates in the custody of the Department of Corrections, a person directly involved in the care, treatment, or supervision of persons in the custody of or under the supervision of the Department of Juvenile Justice, an employee or other individual who provides control, care, or treatment of sexually violent predators committed to the custody of the Department of Behavioral Health and Developmental Services, a firefighter as defined in §65.2-102, or a volunteer firefighter or lifesaving or rescue squad member who is a member of a bona fide volunteer fire department or volunteer rescue or emergency medical squad regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such firefighters or members as employees, engaged in the performance of his public duties, such person is guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory minimum term of confinement of six months.

Nothing in this subsection shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.

D. In addition, if any person commits a battery against another knowing or having reason to know that such other person is a full-time or part-time teacher, principal, assistant principal, or guidance counselor of any public or private elementary or secondary school and is engaged in the performance of his duties as such, he shall be is guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of confinement. However, if the offense is committed by use of a firearm or other weapon prohibited on school property pursuant to §18.2-308.1, the person shall serve a mandatory minimum sentence of confinement of six months.

E. In addition, any person who commits a battery against another knowing or having reason to know that such individual is a health care provider as defined in §8.01-581.1 who is engaged in the performance of his duties as an emergency health care provider in an emergency room of a hospital or clinic or on the premises of any other facility rendering emergency medical care is guilty of a Class 1 misdemeanor. The sentence of such person, upon conviction, shall include a term of confinement of 15 days in jail, two days of which shall be a mandatory minimum term of confinement.

F. As used in this section:

"Judge" means any justice or judge of a court of record of the Commonwealth including a judge designated under §17.1-105, a judge under temporary recall under §17.1-106, or a judge pro tempore under § 17.1-109, any member of the State Corporation Commission, or of the Virginia Workers' Compensation Commission, and any judge of a district court of the Commonwealth or any substitute judge of such district court.

"Law-enforcement officer" means any full-time or part-time employee of a police department or sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115, any special agent of the Department of Alcoholic Beverage Control, conservation police officers appointed pursuant to §29.1-200, and full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to §46.2-217, and such officer also includes jail officers in local and regional correctional facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court services or local jail responsibilities, auxiliary police officers appointed or provided for pursuant to §§15.2-1731 and 15.2-1733, auxiliary deputy sheriffs appointed pursuant to §15.2-1603, police officers of the Metropolitan Washington Airports Authority pursuant to §5.1-158, and fire marshals appointed pursuant to §27-30 when such fire marshals have police powers as set out in §§27-34.2 and 27-34.2:1.

"School security officer" means an individual who is employed by the local school board for the purpose of maintaining order and discipline, preventing crime, investigating violations of school board policies and detaining persons violating the law or school board policies on school property, a school bus or at a school-sponsored activity and who is responsible solely for ensuring the safety, security and welfare of all students, faculty and staff in the assigned school.

G. "Simple assault" or "assault and battery" shall not be construed to include the use of, by any teacher, teacher aide, principal, assistant principal, guidance counselor, school security officer, school bus driver or school bus aide, while acting in the course and scope of his official capacity, any of the following: (i) incidental, minor or reasonable physical contact or other actions designed to maintain order and control; (ii) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property; (iii) reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv) reasonable and necessary force for self-defense or the defense of others; or (v) reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that are upon the person of the student or within his control.

In determining whether a person was acting within the exceptions provided in this subsection, due deference shall be given to reasonable judgments that were made by a teacher, teacher aide, principal, assistant principal, guidance counselor, school security officer, school bus driver, or school bus aide at the time of the event.

§18.2-431.1. Illegal conveyance or possession of cellular telephone by prisoner or committed person; penalty.

A. It shall be unlawful for any person without authorization to provide or cause to be provided a cellular telephone to an incarcerated prisoner or person committed to the Department of Juvenile Justice in any juvenile correctional center.

B. It shall be unlawful for an incarcerated prisoner or person committed to the Department of Juvenile Justice in any juvenile correctional center without authorization to possess a cellular telephone during the period of his incarceration.

C. Any violation of this section shall be is a Class 6 felony.

§18.2-473.1. Communication with prisoners or committed person; penalty.

It shall be unlawful for any person outside of any state or local correctional facility or any juvenile correctional center, other than the jailers or custodial officers in charge of the prisoners or in charge of the persons committed to the Department of Juvenile Justice, to communicate without authority by word or sign with the intent to disrupt institutional operations with any prisoner confined within a state or local correctional facility or with any person committed to the Department of Juvenile Justice in any juvenile correctional center. Any person violating this section shall be is guilty of a Class 4 misdemeanor.

§18.2-474. Delivery of articles to prisoners or committed person.

No person shall willfully in any manner deliver, or attempt to deliver, to any prisoner confined under authority of the Commonwealth of Virginia, or of any political subdivision thereof, or to any person committed to the Department of Juvenile Justice in any juvenile correctional center, any article of any nature whatsoever, without first securing the permission of the person in whose charge such prisoner or committed person is, and who may in his discretion grant or refuse permission. Any person violating this section shall be is guilty of a Class 1 misdemeanor.

Nothing herein contained shall be construed to repeal or amend §18.2-473.

§18.2-474.1. Delivery of drugs, firearms, explosives, etc., to prisoners or committed persons.

Notwithstanding the provisions of §18.2-474, any person who shall willfully in any manner deliver, attempt to deliver, or conspire with another to deliver to any prisoner confined under authority of the Commonwealth of Virginia, or of any political subdivision thereof, or to any person committed to the Department of Juvenile Justice in any juvenile correctional center, any drug which is a controlled substance regulated by the Drug Control Act in Chapter 34 (§54.1-3400 et seq.) of Title 54.1, synthetic cannabinoids or marijuana, shall be is guilty of a Class 5 felony. Any person who shall willfully in any manner so deliver or attempt to deliver or conspire to deliver to any such prisoner or confined or committed person, firearms, ammunitions, or explosives of any nature shall be is guilty of a Class 3 felony.

Nothing herein contained shall be construed to repeal or amend §18.2-473.

§18.2-475. Officers, etc., voluntarily allowing person convicted, charged, or adjudicated delinquent of felony to escape; penalty.

If any sheriff, jailer, or other officer, or any guard or other person summoned or employed by any such sheriff, jailer, or other officer, voluntarily allows a prisoner or person committed to the Department of Juvenile Justice convicted of or, charged with, or adjudicated delinquent of a felony to escape from his custody, he shall be is guilty of a Class 4 felony.

§18.2-476. Officers, etc., willfully and deliberately permitting person convicted of, charged with, or adjudicated delinquent of a nonfelonious offense to escape or willfully refusing to receive person; penalty.

If any sheriff, jailer, or other officer, or any guard or other person summoned or employed by such sheriff, jailer, or other officer, willfully and deliberately permits a prisoner or person committed to the Department of Juvenile Justice convicted of or, charged with, or adjudicated delinquent of an offense not a felony, to escape from his custody, or willfully refuses to receive into his custody a person lawfully committed thereto, he shall be is guilty of a Class 2 misdemeanor.

§18.2-477.2. Punishment for certain offenses committed within a secure juvenile facility or detention home.

It shall be unlawful for a person committed to the Department of Juvenile Justice in any juvenile correctional center or detained in a secure juvenile facility or detention home to commit any of the offenses enumerated in §53.1-203. A violation of this section shall be punishable as a Class 1 misdemeanor Class 6 felony, except that a violation of subdivision 6 of §53.1-203 is a Class 5 felony.

2.  Pursuant to §30-19.1:4, the estimated amount of the necessary appropriation is at least $299,513 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.