19105044D
<br><center><b>HOUSE BILL NO. 2042</b></center>

<center>AMENDMENT IN THE NATURE OF A SUBSTITUTE</center>

<center>(Proposed by the House Committee for Courts of Justice</center>

<center>on February 1, 2019)</center>

<center>(Patron Prior to Substitute--Delegate Murphy)</center>

<i>A BILL to amend and reenact &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-57.2">18.2-57.2</a> of the Code of
Virginia, relating to assault and battery against a family or household member;
prior conviction; mandatory minimum term of confinement.</i>

<p>Be it enacted by the General Assembly of Virginia:</p>

<p>1. That &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-57.2">18.2-57.2</a> of the Code of Virginia is amended and
reenacted as follows:</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-57.2">18.2-57.2</a>. Assault and battery against a family or household
member; penalty.</p>

<p>A. Any person who commits an assault and battery against a
family or household member is guilty of a Class 1 misdemeanor.</p>

<p>B. <i class=new>Upon a conviction for assault and battery against a
family or household member, where it is alleged in the warrant, petition,
information, or indictment on which a person is convicted, that such person has
been previously convicted of an offense that occurred within a period of 20
years of the instant offense against a family or household member of (i)
assault and battery against a family or household member in violation of this
section, (ii) malicious wounding or unlawful wounding in violation of &sect;
<a href="http://law.lis.virginia.gov/vacode/18.2-51">18.2-51</a>, (iii) aggravated malicious wounding in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-51.2">18.2-51.2</a>, (iv)
malicious bodily injury by means of a substance in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-52">18.2-52</a>, (v)
strangulation in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-51.6">18.2-51.6</a>, or (vi) an offense under the law of
any other jurisdiction which has the same elements of any of the above offenses
is guilty of a Class 1 misdemeanor and the sentence of such person shall
include a mandatory minimum term of confinement of 60 days.</i></p>

<p><i class=new>C. </i>Upon a conviction for assault and battery against a
family or household member, where it is alleged in the warrant, petition,
information, or indictment on which a person is convicted, that such person has
been previously convicted of two offenses against a family or household member
of (i) assault and battery against a family or household member in violation of
this section, (ii) malicious wounding or unlawful wounding in violation of &sect;
<a href="http://law.lis.virginia.gov/vacode/18.2-51">18.2-51</a>, (iii) aggravated malicious wounding in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-51.2">18.2-51.2</a>, (iv)
malicious bodily injury by means of a substance in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-52">18.2-52</a>, (v)
strangulation in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-51.6">18.2-51.6</a>, or (vi) an offense under the law of
any other jurisdiction which has the same elements of any of the above
offenses, in any combination, all of which occurred within a period of 20
years, and each of which occurred on a different date, such person is guilty of
a Class 6 felony.</p>

<p><s class=str>C. </s><i class=new>D. </i>Whenever a warrant for a violation of this
section is issued, the magistrate shall issue an emergency protective order as
authorized by &sect;<a href="http://law.lis.virginia.gov/vacode/16.1-253.4">16.1-253.4</a>, except if the defendant is a minor, an emergency
protective order shall not be required.</p>

<p><s class=str>D. </s><i class=new>E. </i>The definition of &quot;family or
household member&quot; in &sect;<a href="http://law.lis.virginia.gov/vacode/16.1-228">16.1-228</a> applies to this section.</p>