Bill Text: VA SB396 | 2016 | Regular Session | Comm Sub

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Bill Title: Resisting arrest; penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-27 - Failed to report (defeated) in Courts of Justice (7-Y 7-N 1-A) [SB396 Detail]

Download: Virginia-2016-SB396-Comm_Sub.html

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16104429D
SENATE BILL NO. 396 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee for Courts of Justice on January 27, 2016) (Patron Prior to Substitute--Senator DeSteph) 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 active 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.