Text of VA SB 473 (2004)

Virginia General Assembly LIS Home LIS Help Privacy Statement Live Help LIS Classic Login SEARCH SITE QUICK LINKS - - - - - - - - - - - - - - Log in LIS Home General Assembly Home - - - - - - - - - - - - - - Session Tracking: Bills & Resolutions Members Committees Meetings Calendars Communications Minutes Statistics Lobbyist-in-a-Box Personal lists - - - - - - - - - - - - - - Search: Code of Virginia Administrative Code Bills & Resolutions Summaries OTHER SESSIONS - - - - - - - - - - - - - - 2019 Session 2018 Session 2018 Special Session I 2018 Special Session II 2017 Session 2016 Session 2015 Session 2015 Special Session I 2014 Session 2014 Special Session I 2013 Session 2013 Special Session I 2012 Session 2012 Special Session I 2011 Session 2011 Special Session I 2010 Session 2009 Session 2009 Special Session I 2008 Session 2008 Special Session I 2008 Special Session II 2007 Session 2006 Session 2006 Special Session I 2005 Session 2004 Session 2004 Special Session I 2004 Special Session II 2003 Session 2002 Session 2001 Session 2001 Special Session I 2000 Session 1999 Session 1998 Session 1998 Special Session I 1997 Session 1996 Session 1995 Session 1994 Session 1994 Special Session I 1994 Special Session II VIRGINIA LAW PORTAL Code of Virginia Virginia Administrative Code Constitution of Virginia Charters Authorities Compacts Uncodified Acts RIS Users (account required) SEARCHABLE DATABASES Bills & Resolutions session legislation Bill Summaries session summaries Reports to the General Assembly House and Senate documents Legislative Liaisons State agency contacts ACROSS SESSIONS Subject Index: Since 1995 Bills & Resolutions: Since 1994 Summaries: Since 1994 Developed and maintained by the Division of Legislative Automated Systems. 2004 SESSION history | hilite | pdf | print version 047539828 SENATE BILL NO. 473 Offered January 14, 2004 Prefiled January 14, 2004 A BILL to amend and reenact §§ 8.01-42.1, 18.2-57, 18.2-121 and 52-8.5 of the Code of Virginia, relating to hate crimes; penalty. ---------- Patrons-- Ticer, Howell and Puller; Delegates: Amundson, Dillard, Plum and Scott, J.M. ---------- Referred to Committee for Courts of Justice ---------- Be it enacted by the General Assembly of Virginia: 1. That §§ 8.01-42.1, 18.2-57, 18.2-121 and 52-8.5 of the Code of Virginia are amended and reenacted as follows: § 8.01-42.1. Civil action for racial, religious, or ethnic harassment, violence or vandalism. A. An action for injunctive relief or civil damages, or both, shall lie for any person who is subjected to acts of (i) intimidation or harassment or (ii) violence directed against his person; or (iii) vandalism directed against his real or personal property, where such acts are motivated by racial, religious, or ethnic animosity based on race, color, religious conviction, national origin, sexual orientation, or the perception thereof. B. Any aggrieved party who initiates and prevails in an action authorized by this section shall be entitled to damages, including punitive damages, and in the discretion of the court to an award of the cost of the litigation and reasonable attorneys' fees in an amount to be fixed by the court. C. The provisions of this section shall not apply to any actions between an employee and his employer, or between or among employees of the same employer, for damages arising out of incidents occurring in the workplace or arising out of the employee-employer relationship. § 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, sexual orientation, or the perception thereof, the penalty upon conviction shall include a mandatory, minimum term of confinement of at least six months, thirty 30 days of which shall not be suspended, in whole or in part. 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, sexual orientation, or the perception thereof, the person shall be is guilty of a Class 6 felony, and the penalty upon conviction shall include a mandatory, minimum term of confinement of at least six months, thirty 30 days of which shall not be suspended, in whole or in part 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 law-enforcement officer as defined hereinafter, 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 or a firefighter as defined in § 65.2-102, engaged in the performance of his public duties as such, such person shall be is guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory, minimum term of confinement for six months which mandatory, minimum term shall not be suspended, in whole or in part. 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 mandatory, minimum sentence of fifteen 15 days in jail, two days of which shall not be suspended in whole or in part. 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 which shall not be suspended in whole or in part. E. As used in this section: "Law-enforcement officer" means any full-time or part-time employee of a police department or sheriff's office which 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, and any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115, and game wardens appointed pursuant to § 29.1-200, 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 and auxiliary deputy sheriffs appointed pursuant to § 15.2-1603. "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. F. "Simple assault" or "assault and battery" shall not be construed to include the use of, by any teacher, principal, assistant principal, guidance counselor, or school security officer, in the course and scope of his acting 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, principal, assistant principal, guidance counselor, or school security officer at the time of the event. § 18.2-121. Entering property of another for purpose of damaging it, etc. It shall be is unlawful for any person to enter the land, dwelling, outhouse or any other building of another for the purpose of damaging such property or any of the contents thereof or in any manner to interfere with the rights of the owner, user or the occupant thereof to use such property free from interference. Any person violating who violates the provisions of this section shall be is guilty of a Class 1 misdemeanor. However, if a person intentionally selects the property entered because of the race, religious conviction, color or , national origin, sexual orientation, or the perception thereof, of the owner, user or occupant of the property, the person shall be is guilty of a Class 6 felony, and the penalty upon conviction shall include a mandatory, minimum term of confinement of at least six months, thirty 30 days of which shall not be suspended, in whole or in part a mandatory minimum term of confinement. § 52-8.5. Reporting hate crimes. A. The Superintendent shall establish and maintain within the Department of State Police a central repository for the collection and analysis of information regarding hate crimes and groups and individuals carrying out such acts. B. State, county and municipal law-enforcement agencies shall report to the Department all hate crimes occurring in their jurisdictions in a form, time and manner prescribed by the Superintendent. Such reports shall not be open to public inspection except insofar as the Superintendent shall permit. C. For purposes of this section, "hate crime" means (i) a criminal act committed against a person or his property with the specific intent of instilling fear or intimidation in the individual against whom the act is perpetrated because of race, religion or ethnic origin religious conviction, color, national origin, sexual orientation, or the perception thereof, or that is committed for the purpose of restraining that person from exercising his rights under the Constitution or laws of this Commonwealth or of the United States, (ii) any illegal act directed against any persons or their property because of those persons' race, religion or religious conviction, color, national origin, sexual orientation, or the perception thereof, and (iii) all other incidents, as determined by law-enforcement authorities, intended to intimidate or harass any individual or group because of race, religion or religious conviction, color, national origin, sexual orientation, or the perception thereof. 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 at least $3,689 for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.