Bill Text: VA SB183 | 2010 | Regular Session | Enrolled
Bill Title: Search and rescue personnel; enhanced penalty for malicious or unlawful wounding.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-04-10 - Governor: Acts of Assembly Chapter text (CHAP0344) [SB183 Detail]
Download: Virginia-2010-SB183-Enrolled.html
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Be it enacted by the General Assembly of Virginia: 1. That § 18.2-51.1 of the Code of Virginia is amended and reenacted as follows: §18.2-51.1. Malicious bodily injury to law-enforcement officers, firefighters, search and rescue personnel, or emergency medical service providers; penalty; lesser-included offense. If any person maliciously causes bodily injury to another by
any means including the means set out in §18.2-52, with intent to maim,
disfigure, disable or kill, and knowing or having reason to know that such
other person is a law-enforcement officer, as defined hereinafter, firefighter,
as defined in §65.2-102, search and rescue personnel as defined hereinafter,
or emergency medical services personnel, as defined in §32.1-111.1 engaged in
the performance of his public duties as a law-enforcement officer, firefighter,
search and rescue personnel, or emergency medical services personnel, such
person shall be guilty of a felony punishable by imprisonment for a period of
not less than five years nor more than 30 years and, subject to If any person unlawfully, but not maliciously, with the intent aforesaid, causes bodily injury to another by any means, knowing or having reason to know such other person is a law-enforcement officer, firefighter, as defined in §65.2-102, search and rescue personnel, or emergency medical services personnel, engaged in the performance of his public duties as a law-enforcement officer, firefighter, search and rescue personnel, or emergency medical services personnel, he shall be guilty of a Class 6 felony, and upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of one year. Nothing in this section 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. As used in this section, "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 this Commonwealth; any conservation officer of the Department of Conservation and Recreation commissioned pursuant to §10.1-115; any conservation police officer appointed pursuant to §29.1-200 and auxiliary police officers appointed or provided for pursuant to §§15.2-1731 and 15.2-1733 and auxiliary deputy sheriffs appointed pursuant to §15.2-1603. As used in this section, "search and rescue personnel" means any employee or member of a search and rescue organization that is authorized by a resolution or ordinance duly adopted by the governing body of any county, city or town of the Commonwealth or any member of a search and rescue organization operating under a memorandum of understanding with the Virginia Department of Emergency Management. The provisions of §18.2-51 shall be deemed to provide a lesser-included offense hereof. 2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 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. |
