On Wednesday, the Virginia Senate voted 21-15 to pass Senate Bill 5032, which would allow an assault against a law enforcement officer to a misdemeanor if the person attacked is not hurt.
Eliminates the mandatory minimum term of confinement for an assault and battery committed against a judge; magistrate; law-enforcement officer; correctional officer; person directly involved in the care, treatment, or supervision of inmates; firefighter; or volunteer firefighter or any emergency medical services personnel and provides that such crime can no longer be committed as a simple assault and must result in a bodily injury.
The bill also removes mandatory minimum 6-month jail sentence for assaulting a police officer.
I'm upvoting to keep this topic top of page (if that's how this works?)
This is a very dangerous precedent. If Officers of the Court are not protected, they will be intimidated, and assaulted. Look for Increased private security for Judges, Magistrates, etc. Lots more Right to Carry permits for these folks too. People WILL protect themselves.
Clearly, an over-reaction but not surprising. Unfortunately, police have mis-used this to over charge - and now there is "push back" that will go too far the other way.
Reference: Which of the following would be considered “assaulting a police officer”?
1)Punching a police officer in the face. 2)Standing behind a gate holding it closed while an officer tries to push it open. 3)Sitting in your car grabbing the steering wheel while an officer tries to drag you out of your car. 4)Standing at a Metro station with your hands in your pockets, refusing to take them out of your pockets when an officer commands you to.
According to the DC Court of Appeals, #1, #2, and #3 all qualify. The US Attorney has argued that #4 does too, but the Court of Appeals said no. More info...
Senate Bill 5032: https://lis.virginia.gov/cgi-bin/legp604.exe?202+sum+SB5032
Eliminates the mandatory minimum term of confinement for an assault and battery committed against a judge; magistrate; law-enforcement officer; correctional officer; person directly involved in the care, treatment, or supervision of inmates; firefighter;
or volunteer firefighter or any emergency medical services personnel and provides that such crime can no longer be committed as a simple assault and must result in a bodily injury.
The bill also removes mandatory minimum 6-month jail sentence for assaulting a police officer.