General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Crimes and Offenses Generally

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Crimes and Offenses Generally

Passed

P HB34

Aggravated sexual battery; penalty. Provides that it is a Class 1 misdemeanor for any person 18 years of age of age or older to, with lascivious intent, kiss a child under the age of 13 on the mouth while knowingly and intentionally penetrating the mouth of such child with his tongue. A convicted offender must register on the sex offender registry.
Patron - Ingram

P HB134

Department of Charitable Gaming; prohibited practices acts; bingo prize money. Allows qualified organizations to sell bingo cards and the sheets used for bingo jackpot games with other bingo games. The bill provides, however that bingo jackpot cards and sheets must continue to be accounted for separately than other bingo games.
Patron - Albo

P HB159

Stolen property; criminal investigation. Provides that if a person buys or receives any goods used in the course of a criminal investigation by law enforcement that the person believes are stolen, he is deemed guilty of larceny of the goods.
Patron - Albo

P HB223

Offenses prohibiting proximity to children; penalty. Provides that any adult who is convicted of an offense prohibiting proximity to children, when the offense occurred on or after July 1, 2008, shall as part of his sentence be forever prohibited from going, for the purpose of having any contact whatsoever with children that are not in his custody, within 100 feet of the premises of any place owned or operated by a locality that he knows or should know is a playground, athletic field or facility, or gymnasium. A violation is a Class 6 felony. This bill incorporates HB 705.
Patron - Cosgrove

P HB529

Concealed handgun permits; renewal and replacement permits. States that when a new five-year permit is issued while there is an existing valid permit, the new permit becomes effective upon the expiration of the existing permit, so long as the application is received by the court at least 90 days but no more than 180 days prior to the expiration of the existing permit. The bill also allows a person with a concealed handgun permit who moves from one residence to another in Virginia to receive, for a fee not to exceed $10, a replacement permit indicating the new address. The permittee would receive the replacement permit from the clerk of the circuit court that issued the original permit.
Patron - Pogge

P HB567

Sex offenses prohibiting entry onto school property; penalty. Provides that every adult who is convicted of a sexually violent offense, as defined in § 9.1-902, shall be prohibited from entering and being present upon any property he knows or has reason to know is a public or private elementary or secondary school or child day center property during school-related and school-sponsored activities. Currently, the prohibition only applies during school hours.
Patron - Crockett-Stark

P HB597

Crimes; effect of subsequent marriage to child over 14 years of age. Repeals the code section that provides a defense to carnal knowledge of a child 14 years of age or older when there is a subsequent marriage of the victim and the perpetrator. SB 608 is identical.
Patron - McClellan

P HB622

Sex offenses prohibiting residing in proximity to children; penalty. Prohibits an adult convicted of certain sex offenses from living within 500 feet of a public park that is owned and operated by a county, city or town, shares a boundary line with a primary, secondary or high school and is regularly used for school activities. A violation is a Class 6 felony and there is an exception if the public park was established subsequent to the offender's conviction.
Patron - Brink

P HB709

Purchase of firearms; consent form; mental health questions. Requires that a person seeking to purchase a firearm from a firearms dealer answer questions on the state background check consent form concerning whether the applicant has ever been acquitted by reason of insanity, been adjudicated legally incompetent or mentally incapacitated, or been involuntarily admitted to a facility or involuntarily ordered to out-patient mental health treatment. This bill is identical to SB 226.
Patron - Janis

P HB719

Punishment for underage drinking and driving; penalty. Provides that "zero tolerance" (0.02% BAC) underage drinking and driving is punishable as a Class 1 misdemeanor. Currently, the punishment is loss of license for six months and a fine of no more than $500. This bill provides for forfeiture of such person's license to operate a motor vehicle for a period of one year from the date of conviction and either a mandatory minimum fine of $500 or 50 hours of community service. The bill has a sunset date of July 1, 2010, and provides that the Department of Criminal Justice Services will report to the Chairmen of the House and Senate Committees for Courts of Justice on the bill's effect on Virginia's participation under the federal Juvenile Justice and Delinquency Prevention Act.
Patron - Janis

P HB830

Affidavit as evidence of sex offender's failure to register; custodian of records. Provides that a person accused of failing to register or reregister as a sex offender may call, in any hearing or trial where an affidavit from the State Police stating the failure to register or reregister is admitted into evidence, the custodian of records issuing the affidavit as a witness. The custodian of records will be considered to be an adverse witness and he shall be summoned and appear at the cost of the Commonwealth.
Patron - Kilgore

P HB842

Concealed weapons; retired Capitol Police. Exempts retired Capitol Police officers from the concealed weapons permit requirements.
Patron - Sherwood

P HB873

Concealed handgun permits; proof of competency with a handgun. Provides that once an applicant for a concealed handgun permit presents proof of competency such demonstrated competency will never expire.
Patron - Johnson

P HB931

Manufacturing, selling, giving, distributing of methamphetamine; penalty. Provides that, notwithstanding any other provision of law, any person who manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give, or distribute 28 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers is guilty of a felony punishable by a fine of not more than $500,000 and imprisonment for not less than five nor more than 40 years, three years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence. The bill also provides that, notwithstanding any other provision of law, any person who manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give, or distribute 227 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers is guilty of a felony punishable by a fine of not more than $1,000,000 and imprisonment for not less than five years nor more than life, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence. The provisions of the bill will become effective only if an appropriation of general funds effectuating the purposes of the bill is included in a general appropriations act. This bill is identical to SB 562.
Patron - Gilbert

P HB933

Redefinition of the triggerman rule. Redefines the "triggerman rule," which currently provides that only the actual perpetrator of a capital murder is eligible for the death penalty and that accessories and principals in the second degree can be punished only as if guilty of first degree murder. This bill allows principals in the second degree and accessories before the fact to be charged as principals in the first degree in the cases of murder for hire, murder involving a continuing criminal enterprise, and terrorism. This bill allows, in all other cases of capital murder, a principal in the second degree to be tried as a principal in the first degree if he had the same intent to kill as the principal in the first degree. The bill allows an accessory before the fact to be tried as a principal in the first degree if he ordered or directed the willful, deliberate, and premeditated killing. This bill is identical to SB 560. This bill was vetoed by the Governor.
Patron - Gilbert

P HB990

Pyramid promotional schemes; penalty. Revises the definition of "pyramid promotional scheme," "compensation," and "consideration" and provides that in addition to the Class 1 misdemeanor for contriving, preparing, setting up, operating, advertising or promoting a pyramid promotional scheme, such activity constitutes a prohibited practice under the Virginia Consumer Protection Act. This bill is identical to SB 95.
Patron - Bell

P HB995

Unlawful filming of another; penalty. Provides that the third offense of unlawful filming of another is a Class 6 felony. Under current law unlawful filming is a felony only if it involves a nonconsenting person under the age of 18.
Patron - Bell

P HB1178

False signatures; penalty. Provides that any person who maliciously affixes a facsimile or likeness of the signature of another person to any writing without the permission of that person and with the intent to create the false impression that the writing was signed by that person is guilty of a Class 1 misdemeanor.
Patron - Lingamfelter

P HB1220

Carrying concealed handguns; law-enforcement officers on long-term leave. Allows a law-enforcement officer on long-term leave due to a service-related injury to carry a concealed handgun without a permit, so long as such officer receives written proof of consultation and favorable review to carry a concealed handgun from the law-enforcement agency that employs the officer. The proof of consultation would only be valid until the officer returns to work or terminates his employment with the agency, unless he retires on disability because of the service-related injury in which case he may retain it.
Patron - Bowling

P HB1241

Credit card theft; venue. Provides that a prosecution for credit card theft may be had in any county or city where a credit card number is used, is attempted to be used, or is possessed with intent to commit credit card forgery or fraud.
Patron - Moran

P HB1362

Misuse of public assets. Provides that any full-time officer, agent, or employee of the Commonwealth, or political subdivision who, without lawful authorization, uses or permits the use of public assets for private or personal purposes unrelated to the duties and office of the accused or any other legitimate government interest when the value of such use exceeds $1,000 in any 12-month period, is guilty of a Class 4 felony. The bill defines public assets as any personal property belonging to or paid for by a public body or the labor of any person other than the accused that is paid for by the public body. This bill is identical to SB 350.
Patron - Cline

P HB1414

Revocation of concealed handgun permits; notification of the State Police. Requires the court that issued a person a concealed handgun permit to revoke the permit upon notification by the State Police that the person has been convicted of an offense that would disqualify him from obtaining a permit or if the person is adjudicated legally incompetent, mentally incapacitated, or is involuntarily committed. The law currently requires such persons to forfeit and surrender their concealed handgun permits, but does not require the issuing court to revoke the permit.
Patron - Scott, J.M.

P HB1442

DUI ignition interlock limitations. Requires the implementation of ignition interlock for a violation of the conditions of a restricted license. The bill has an effective date of October 1, 2008.
Patron - Iaquinto

P HB1469

Database breach notification. Requires an individual or entity that owns or licenses computerized data that includes personal information to disclose any breach of the security of the system following discovery or notification of the breach to the Office of the Attorney General and any affected resident of the Commonwealth whose unencrypted and unredacted personal information was, or is reasonably believed to have been accessed and acquired by an unauthorized person. A breach is defined as the unauthorized access and acquisition of unencrypted and unredacted computerized data that compromises the security or confidentiality of personal information maintained by an individual or entity as part of a database of personal information regarding multiple individuals and that causes, or the individual or entity reasonably believes has caused, or will cause, identity theft or other fraud to any resident of the Commonwealth. Violations by a state-charted or licensed financial institution shall be enforceable exclusively by the financial institution's primary state regulator. Violations by an entity regulated by the State Corporation Commission shall be enforceable exclusively by the Commission. All other violations shall be enforced by the Office of the Attorney General, which may impose a civil penalty not to exceed $150,000 per breach or series of breaches of a similar nature that are discovered in a single investigation. The bill specifies that its provisions do not limit an individual from recovering direct economic damages. This bill incorporates HB 390, HB 971, HB 1052, and HB 1504. This bill is identical to SB 307.
Patron - Byron

P SB26

RICO; dogfighting. Adds organized dogfighting as a qualifying offense under the Virginia Racketeer Influenced and Corrupt Organization Act.
Patron - Reynolds

P SB95

P SB216

Involuntary mental health treatment; purchase of firearms; reporting to Central Criminal Records Exchange. Clarifies that orders for both involuntary inpatient and outpatient mental health treatment must be forwarded by the clerk of court to the Central Criminal Records Exchange, and that persons ordered to either involuntary inpatient or outpatient treatment or persons who were the subject of a temporary detention order and who subsequently agreed to voluntary commitment, are prohibited from purchasing, possessing, or transporting a firearm. This portion of the bill codifies Executive Order 50 (2007). The bill also provides that persons found incompetent to stand trial are prohibited from possessing or transporting a firearm. A person who is prohibited from possessing a firearm because he was (i) acquitted by reason of insanity, (ii) found incompetent to stand trial, or (iii) involuntarily committed to inpatient or outpatient mental health treatment, may petition the general district court to have his right to possess a firearm restored. Such petition shall be granted if the court finds that the person's disabilities and his criminal history, treatment record, and reputation are such that the person will not be likely to act in a manner dangerous to public safety and that granting the petition will not be contrary to the public interest. The bill also provides that clerks of court shall forward to the Central Criminal Records Exchange any orders affecting an individual's right to possess a firearm, such as if a person is acquitted by reason of insanity, is found incompetent to stand trial, or has the right to possess a firearm restored by a court order. This bill is identical to HB 815.
Patron - Edwards

P SB222

Possession of firearms by persons who committed felonies while juveniles. Provides that despite the date of his conviction, a juvenile adjudicated delinquent of certain heinous felonies shall not, when he reaches the age of 29 years, be entitled to possess a firearm. Currently, the prohibition on possession after the age of 29 exists only for juvenile felonies committed on or after July 2005.
Patron - McDougle

P SB226

P SB307

P SB350

Misuse of public assets; penalty. Provides that any full-time officer, agent, or employee of the Commonwealth, or political subdivision who, without lawful authorization, uses or permits the use of public assets for private or personal purposes unrelated to the duties and office of the accused or any other legitimate government interest when the value of such use exceeds $1,000 in any 12-month period, is guilty of a Class 4 felony. The bill defines public assets as any personal property belonging to or paid for by a public body or the labor of any person other than the accused that is paid for by the public body. This bill is identical to HB 1362.
Patron - Reynolds

P SB382

Sale of firearms to persons not lawfully present in the United States; penalty. Prohibits the sale or transfer of firearms to any person who is not a citizen of the United States and who is not lawfully present in the United States. A violation of this section is a Class 6 felony.
Patron - Martin

P SB436

Possession of concealed weapons in vehicles. Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is locked in a container or compartment. This bill was vetoed by the Governor.
Patron - Vogel

P SB439

Testing of certain defendants for HIV or hepatitis B or C viruses. States when in the criminal process the victim of a sexual assault may request and when the court may order a defendant to submit to tests for human immunodeficiency virus and hepatitis B or C viruses.
Patron - Vogel

P SB476

Concealed handguns; restaurants; penalty. Prohibits a person who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of a restaurant or club shall inform a designated employee of the restaurant or club of that fact. A person who consumes alcohol in violation of the provisions of the bill is guilty of a Class 2 misdemeanor and a person who becomes intoxicated in violation of the provisions of the bill is guilty of a Class 1 misdemeanor. This bill was vetoed by the Governor.
Patron - Hanger

P SB560

Redefinition of the triggerman rule. Redefines the "triggerman rule," which currently provides that only the actual perpetrator of a capital murder is eligible for the death penalty and that accessories and principals in the second degree can be punished only as if guilty of first degree murder. This bill allows principals in the second degree and accessories before the fact to be charged as principals in the first degree in the cases of murder for hire, murder involving a continuing criminal enterprise, and terrorism. This bill allows, in all other cases of capital murder, a principal in the second degree to be tried as a principal in the first degree if he had the same intent to kill as the principal in the first degree. The bill allows an accessory before the fact to be tried as a principal in the first degree if he ordered or directed the willful, deliberate, and premeditated killing. This bill is identical to HB 933. This bill was vetoed by the Governor.
Patron - Obenshain

P SB562

P SB696

Charitable gaming; conduct of raffles. Allows each stub or other detachable section of each ticket won through some other authorized charitable game conducted by the same organization holding the raffle to be included in the raffle drawing.
Patron - Colgan

P SB776

Concealed weapons; attorney for the Commonwealth may carry without a permit. Authorizes an attorney for the Commonwealth or an assistant attorney for the Commonwealth to carry a concealed handgun without obtaining a permit wherever such attorney may travel in the Commonwealth. Current law only authorizes an attorney for the Commonwealth to carry a concealed handgun without a permit while in the discharge of his official duties or while in transit to and from such duties.
Patron - Hurt

Failed

F HB45

Fraudulently assisting illegal aliens; penalty. Provides that any person, knowing an individual is an alien in the United States unlawfully, who, with the intent to violate the immigration laws of the United States, fraudulently assists the illegal alien in acquiring or attempting to acquire a benefit, service, status, or privilege to which the illegal alien is not lawfully entitled, is guilty of a Class 1 misdemeanor.
Patron - Tata

F HB81

Abortion illegal upon overturning of Roe v. Wade. Provides that if and when the United States Supreme Court decision in Roe v. Wade, 410 U.S. 113 (1973) is overturned, allowing the states to by their laws once again regulate abortion, the law in the Commonwealth of Virginia rendering abortion a crime, as it was in effect on June 30, 1970, and prior to the decision in Roe v. Wade, shall be reinstated. The Attorney General shall publish legal notice statewide that, in his opinion, the decision is overturned and that Virginia's law is as it was prior to the decision in Roe v. Wade. The Attorney General shall publish statewide notice of the change in law, along with the reinstated law governing the criminal offense of abortion.
Patron - Marshall, R.G.

F HB136

Definition of "school" for the purposes of prohibiting weapons on school grounds. Defines "school" for the purposes of prohibiting weapons on school grounds as any public school from kindergarten through grade 12 operated under the authority of any locality within the Commonwealth, or any private or religious school that offers instruction at any level or grade from kindergarten through grade 12. Currently the definition is limited to any elementary, middle, or secondary school.
Patron - Peace

F HB160

Punishment for using emergency exit during larceny. Provides that when a person is convicted of larceny and it is found at trial that, in the commission of the offense, he used an exit door erected and maintained to comply with the requirements of 29 C.F.R. § 1910 Subpart E, or any other exit designated for use as an emergency exit to exit the premises of a store, he is guilty of a Class 6 felony.
Patron - Albo

F HB169

Concealed weapons; box cutters; penalty. Adds box cutters to the list of weapons that are prohibited from being carried concealed.
Patron - Albo

F HB210

Armed security officers; protection of private schools and child day centers. States that armed security officers, licensed by the Department of Criminal Justice Services, may carry firearms onto school property if such officer is hired by the school to provide protection to students and employees, and prohibits the Child Day-Care Council from adopting any regulations that would prevent a child day center from hiring such an armed security officer.
Patron - Cole

F HB224

Driving while intoxicated; elimination of requirement that intoxicant be self-administered. Eliminates the requirement that a person be under the influence of a self-administered intoxicant or drug in order to be convicted of driving while intoxicated. Instead, a person may be convicted if he operates a motor vehicle while under the influence of any self-administered narcotic drug or any other intoxicant or drug or any such substance he knows was administered to him. This bill incorporates HB 558.
Patron - Cosgrove

F HB226

Charitable gaming; use of proceeds. Provides that the percentage, determined by the Charitable Gaming Board, which an organization must use for charitable purposes, is based on net receipts of the organization and not its gross receipts from charitable gaming.
Patron - Cosgrove

F HB281

Protective orders; possession of firearms. Prohibits a person subject to a protective order from possessing a firearm. Currently, persons subject to such orders are prohibiting from purchasing and transporting firearms.
Patron - Toscano

F HB296

Death penalty; moratorium on executions. Provides that the Commonwealth shall not conduct executions of prisoners sentenced to death for a period of five years. All other matters of law relating to the death penalty, such as bringing and trying capital charges, sentencing proceedings, imposition of a death sentence, appeals and habeas review are not affected by the bill.
Patron - Hargrove

F HB299

Crimes; death penalty. Abolishes the death penalty for all Class 1 felonies committed on or after July 1, 2007.
Patron - Hargrove

F HB321

Assault or an assault and battery upon any juvenile correctional officer. Provides that an assault or an assault and battery upon any juvenile correctional officer or other person directly involved in the care, treatment, or supervision of juveniles who are in a juvenile correctional facility, in a secure juvenile detention facility, or in a secure facility operated by or under contract with the Department of Juvenile Justice is a Class 6 felony. This bill expands the class of individuals for whom, if they are victims of an assault, there is a greater penalty for the crime.
Patron - Saxman

F HB334

Crimes; larceny of certain animals. Makes it a Class 5 felony to steal a cat.
Patron - McClellan

F HB335

Stalking; enhanced penalties. Provides that any person who commits a second or subsequent offense of stalking occurring within five years of a conviction of a prior offense is guilty of a Class 6 felony. Currently, the Class 6 felony applies for a third or subsequent offense. The bill also provides that any person who commits an offense of stalking when, at the time of the offense, there is in effect any court order prohibiting contact between the defendant and the victim or the victim's family or household member is guilty of a Class 6 felony. This bill is incorporated into HB 1328.
Patron - McClellan

F HB370

Concealed handgun permit applications; access to personal information. Prohibits a clerk of a circuit court and the Department of State Police from disseminating to the public any personal identifying information contained on an application for a concealed handgun permit or a court order issuing a permit. This bill was incorporated into HB 982.
Patron - Carrico

F HB384

Computer trespass; penalty. Alters the elements of the crime of computer trespass, no longer requiring that a person act with malicious intent in order to be guilty but requiring that the crime be committed without the consent and authorization of the computer's owner.
Patron - Ware, R.L.

F HB385

Computer invasion of privacy; personal information; penalties. Expands the type of information, the examination of which without authority would constitute the crime of computer invasion of privacy, to include any personal information relating to any other person as well as another person's name and date of birth.
Patron - Ware, R.L.

F HB386

Computer crimes; exclusion of evidence. Provides that information or evidence acquired in violation of Article 7.1, dealing with computer crimes, of Chapter 5 of Title 18.2 may not be used as evidence in any civil or criminal trial or other proceeding.
Patron - Ware, R.L.

F HB422

Abortion post-viability a felony. Provides that no abortion shall be performed following a determination by two physicians that the fetus to be aborted is viable. A violation is a Class 4 felony.
Patron - Marshall, R.G.

F HB429

Forced or coerced abortion prohibited; penalty. Provides that any person who forces or coerces a pregnant female of any age to have an abortion against her will is guilty of a Class 1 misdemeanor. However, if such a violation is committed when the pregnant female is less than 18 years of age, the person is guilty of a Class 6 felony.
Patron - Marshall, R.G.

F HB435

Failure to identify oneself to a law-enforcement officer; penalty. Provides that any person who while in a public place or a place open to the public refuses to identify himself at the request of a law-enforcement officer in uniform or a properly identified police officer, when the surrounding circumstances reasonably require that public safety requires such identification, is guilty of a Class 1 misdemeanor.
Patron - Frederick

F HB491

Elements of indecent exposure. Provides that any person who (i) intentionally makes an obscene display or exposure of his person, or the private parts thereof, in (a) any public place, or (b) any place where others may see him, intending to be seen by others, or (ii) procures another to so expose himself, is guilty of a Class 1 misdemeanor. The section previously provided that such person was guilty of indecent exposure if the display was done in any public place or in any place where others are present, and did not include the requirement that he intended the display or exposure to be seen by others.
Patron - Amundson

F HB495

Punishment of the offense of impersonating a police officer; penalty. Raises the punishment for the offense of impersonating a police officer from a Class 1 misdemeanor to a Class 6 felony.
Patron - Cosgrove

F HB496

Crimes; the definition of "predicate criminal act" under the Crimes by Gangs Act. Includes within the definition the shooting at certain vehicles (§ 18.2-154) and the shooting within an occupied dwelling (§ 18.2-279).
Patron - Cosgrove

F HB535

F HB550

Applicability of the implied consent law. Provides that the provisions of the law of implied consent (to the DUI breath or blood test) shall apply notwithstanding the inability of the person so arrested to comprehend, because of his state of inebriation or inability to understand the English language, the advisement of the arresting officer or the person administering the test.
Patron - Griffith

F HB554

Computer crimes; website redirection; penalty. Adds a Class 6 felony to the list of computer trespass crimes if a person, with malicious intent, intentionally alters the markup language or Uniform Resource Locator (URL) of a website so as to redirect a user from his intended URL or website destination to a third-party URL or website.
Patron - Griffith

F HB558

Driving while intoxicated; elimination of requirement that intoxicant be self-administered. Eliminates the requirement that a person be under the influence of a self-administered intoxicant or drug in order to be convicted of driving while intoxicated. Instead, a person may be convicted if he operates a motor vehicle while he knows or should know that he is under the influence of an intoxicant or drug. This bill has been incorporated into HB 224.
Patron - Valentine

F HB574

Child sex offenses. Creates a number of new crimes labeled "indecent liberties with children" that mirror, and expand upon, existing offenses but with new victim age classifications and specific offender classifications. The bill also provides that any person who is convicted of such an offense and was previously convicted of such an offense or of any offense set forth in subsection B of § 18.2-67.5:2 (felony sexual assaults) shall upon conviction be sentenced to the maximum term authorized for the offense and shall not have all or any part of his sentence suspended.
Patron - Watts

F HB588

Concealed weapons; pneumatic guns; penalty. Prohibits the carrying of concealed pneumatic guns.
Patron - Marsden

F HB589

Hazing and gangs; penalty. Provides that voluntarily submitting to hazing as a part of gang initiation is a Class 3 misdemeanor and that engaging in an act of carnal knowledge with the subject of such hazing is a Class 1 misdemeanor.
Patron - Marsden

F HB590

Crimes by gangs; predicate criminal act. Adds to the list of predicate criminal acts the simple larceny of a motor vehicle.
Patron - Marsden

F HB592

Transfer of firearms; criminal records check; penalties. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also adds a definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check. This bill was incorporated into HB 745.
Patron - Marsden

F HB608

Protective orders; possession of firearms; penalty. Prohibits a person subject to a protective order from possessing a firearm.
Patron - Eisenberg

F HB610

Hate crimes; homeless persons; penalty. Adds homeless persons to the categories of acts for which a person may seek injunctive relief or file an action for damages. The bill also adds homeless persons to the categories of victims whose intentional selection for a "hate crime" involving assault or trespass amplifies the Class 1 misdemeanor to a Class 6 felony penalty. The bill also adds homeless persons to the definition of "hate crime" for purposes of a central repository of information regarding hate crimes maintained by the State Police.
Patron - Eisenberg

F HB653

F HB657

Purchase of firearms; reporting to Central Criminal Records Exchange. Clarifies that orders for both involuntary inpatient and outpatient mental health treatment must be forwarded by the clerk of court to the Central Criminal Records Exchange, and that persons ordered to either involuntary inpatient or outpatient treatment are prohibited from purchasing, possessing, or transporting a firearm. This portion of the bill codifies Executive Order 50 (2007). The bill also clarifies that clerks of court shall forward to the Central Criminal Records Exchange other orders affecting an individual's right to possess a firearm, such as if a person is acquitted by reason of insanity, is found incompetent to stand trial, or has the right to possess a firearm restored by a circuit court. This bill has been incorporated into HB 815.
Patron - Griffith

F HB705

Sex offenses prohibiting proximity to children; penalty. Adds publicly operated recreation centers and community center facilities serving children to those places where a person convicted of certain sexual offenses defined as "sex offenses prohibiting proximity to children" is prohibited from loitering within 100 feet of. This bill has been incorporated into HB 223.
Patron - BaCote

F HB710

Self defense and defense of others. Provides that any person who lawfully occupies a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when the other person has unlawfully entered the dwelling, has committed an overt act toward the occupant or another person in the dwelling, and the occupant reasonably believes he or another person in the dwelling is in imminent danger of bodily injury. The bill also provides that a person who uses justifiable force against an intruder shall be immune from civil liability for injuries or death of the other person.
Patron - Janis

F HB716

Conduct punishable as disorderly conduct. Removes the proviso that conduct punishable elsewhere in the Code as criminal conduct may not also be punished as disorderly conduct. This bill responds to the decision in Battle v. Commonwealth, 50 Va. App. 135, 647 S. E. 2d 499 (2007).
Patron - Janis

F HB734

Possession of firearms; public libraries; penalty. Prohibits the possession of a firearm at a state, regional, or local public library. Violation of this section would be a Class 1 misdemeanor. The provisions of this section would not apply to a law-enforcement officer or security guard while in the performance of his official duties.
Patron - Caputo

F HB741

F HB745

F HB746

Possession of firearms; child day center. Prohibits the possession of a firearm at a child day center. Violation of this section would be a Class 1 misdemeanor. The provisions of this section would not apply to a law-enforcement officer or security guard while in the performance of his official duties.
Patron - Caputo

F HB810

Machine gun registration. Requires the Superintendent of State Police to be notified in writing within 24 hours of the change of address of a person who has registered a machine gun or of a change in the permanent physical location of a machine gun.
Patron - Ward

F HB835

Mental incompetence; firearms. Provides that it is a Class 1 misdemeanor for a person who has been adjudicated incompetent to stand trial to purchase, possess, or transport any firearm. The bill also requires the court to send to the Central Criminal Records Exchange orders finding that a defendant is incompetent to stand trial and orders for involuntary treatment. This bill has been incorporated into HB 815.
Patron - Moran

F HB843

Concealed handgun permits; access to permittee information. Protects from public disclosure permittee names and descriptive information held by the Department of State Police for purposes of entry into the Virginia Criminal Information Network. However, the information would still be available to law-enforcement agencies, officers, and agents in the course of law-enforcement duties, and nonidentifying statistical information would be available to the general public. The bill also requires a circuit court to withhold from public disclosure additional personal identifying information about the applicant, if the applicant has requested on the permit application that such information be withheld. The bill directs the Department of State Police to revise the application forms to notify the applicant of the right to request that information be withheld, and to develop procedures for current permit holders to request that information be withheld from public disclosure. This bill was incorporated into HB 982.
Patron - Sherwood

F HB876

DUI Court. Allows Chesterfield and Colonial Heights General District Courts to use a special docket to run a driving under the influence court based on the state drug court model. Participants will be those who violate ASAP program requirements, but participation will not result in a reduction of charges.
Patron - Loupassi

F HB893

Assault and battery of juvenile detention facility employee; penalty. Provides that any person who commits an assault or an assault and battery against a person employed in a secure juvenile detention facility who is directly involved in the control, care, treatment, or supervision of detainees confined in such a facility while that employee is engaged in the performance of his duties is guilty of a Class 6 felony with a mandatory minimum sentence of six months.
Patron - Lohr

F HB899

Sale of firearms; microstamping. Requires that all semiautomatic handguns sold or transferred after January 1, 2010, be equipped with technology that etches a microscopic array of characters identifying the make, model, and serial number of the handgun on the cartridge case when the handgun is fired. A violation of this requirement is a Class 1 misdemeanor.
Patron - Scott, J.M.

F HB905

Increased punishment for statutory burglary. Raises the penalty for statutory burglary (with intent to commit rape or murder, etc.) from the current Class 3 felony to a period of between 10 to 20 years in prison plus a $100,000 fine. The bill also raises the felony penalty for statutory burglary (with intent to commit larceny or assault and battery) from the current one to 20 years to two to 20 years in prison. The bill also eliminates the "Class 1 misdemeanor" option of 12 months jail confinement and a $2,500 fine for the latter offense.
Patron - Jones, D.C.

F HB932

Reckless handling of firearms; penalty. Provides a Class 6 felony if the reckless handling of a firearm unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment.
Patron - Gilbert

F HB966

Assault and battery; ABC agent, penalty. Adds special agents of the Department of Alcoholic Beverage Control to the definition of law-enforcement officer, which means that the punishment for committing an assault and battery on a special agent engaged in the performance of his public duties is elevated from a Class 1 misdemeanor to a Class 6 felony with a six-month mandatory minimum term of confinement.
Patron - Shannon

F HB969

Causing or encouraging acts rendering children delinquent; penalty. Provides that any person 18 years of age or older who engages in sexual intercourse with a child 15 years of age or older not his spouse, child, or grandchild as a part of initiation or recruitment into a criminal street gang is guilty of a Class 6 felony.
Patron - Shannon

F HB971

Database breach notification. Requires a person or business that conducts business in Virginia and that owns or licenses computerized data that includes personal information to conduct a reasonable investigation to promptly determine the likelihood that personal information has been or will be misused when it becomes aware of an incident of unauthorized access to personal customer information. Notification must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement. The bill also contains alternative notification provisions. Any customer injured by a violation of this section may institute a civil action to recover actual damages or to enjoin any business that violates or has violated this section. This bill has been incorporated into HB 1469.
Patron - Shannon

F HB973

What constitutes taking indecent liberties with children; penalty. Provides that if any person 18 years of age or over, who, with lascivious intent, knowingly and intentionally proposes that a child under the age of 15 years feel or fondle his own sexual or genital parts is guilty of taking indecent liberties with a child, a Class 5 felony.
Patron - Shannon

F HB992

Definition of prostitution. Includes in the definition of prostitution any person who, for money or its equivalent, commits manipulation of the genitals of another by hand resulting in ejaculation, punishable as a Class 1 misdemeanor.
Patron - Bell

F HB1001

Restitution for cost of response to bomb threat; penalty for bomb threat. Creates a mechanism for recovery of the costs incurred by emergency responders responding to a bomb threat, either by a court order at sentencing or a separate civil action. The bill also provides for the option of community service in lieu of restitution.
Patron - Bell

F HB1052

Database breach notification. Requires that an individual or a commercial entity that conducts business in Virginia and that owns or licenses data that includes personal information about a resident of Virginia shall, when it becomes aware of a breach of the security of the system, (i) conduct in good faith a reasonable and prompt investigation to determine the likelihood that personal information has been or will be misused and (ii) notify the Office of the Attorney General that a breach has occurred. A breach of the security of the system is defined as the unauthorized acquisition and access of unencrypted or unredacted data that compromises the security, confidentiality, or integrity of personal information maintained by an individual or a commercial entity. Types of notification meeting the requirements of this bill are listed, but not required if, after a reasonable investigation, the person or commercial entity determines that there is no reasonable likelihood of harm to affected Virginia residents. The Attorney General may bring an action in law to address violations and ensure proper compliance with this section. Nothing in this section shall limit an individual from recovering direct economic damages resulting from a violation of this section. This bill has been incorporated into HB 1469.
Patron - Plum

F HB1054

F HB1055

Possession of firearms by certain persons who have had parental rights terminated; penalty. Prohibits a person who has had his parental rights terminated based upon a finding of aggravated circumstances from purchasing, possessing, or transporting a firearm. The bill defines aggravated circumstances as torture, chronic or severe abuse, or chronic or severe sexual abuse of a child of the parent or a child with whom the parent resided at the time such conduct occurred. A violation of this section would be a Class 1 misdemeanor.
Patron - Scott, J.M.

F HB1126

Producing abortion or miscarriage, etc.; penalty. Provides that any person, including the pregnant female, who administers to or causes to be taken by a pregnant female any drug or other thing or uses means with intent to destroy her unborn child or to produce abortion or miscarriage and thereby destroys such child or produces such abortion or miscarriage is guilty of a Class 4 felony. The bill excepts medically approved contraceptives or legally prescribed medication as a means of producing abortion or miscarriage. Current law does not with specificity include the pregnant female as a possible perpetrator.
Patron - Jones, S.C.

F HB1156

Penalties for drug distribution resulting in death or serious bodily injury. Imposes mandatory minimum punishments of from one to ten years for drug manufacturing or distribution and requires that sentences be served consecutively.
Patron - Phillips

F HB1168

Temporary detention orders; voluntary and involuntary mental health treatment; purchase of firearms; reporting to Central Criminal Records Exchange. Prohibits a person who is the subject of a temporary detention order and subsequently agrees to voluntary admission to a mental health facility from purchasing or possessing a firearm. The bill also clarifies existing law that prohibits a person who has been involuntarily committed to inpatient treatment or who is ordered to involuntary outpatient treatment from purchasing or possessing a firearm. This bill has been incorporated into HB 815.
Patron - Eisenberg

F HB1180

Second offense of assault and battery against a family member; penalty. Adds a five-day minimum mandatory term of confinement for a second (Class 1 misdemeanor) offense of assault and battery against a family or household member within 20 years. Currently, a third offense within 20 years is a Class 6 felony.
Patron - Lingamfelter

F HB1182

Grand larceny as a predicate criminal act for gang membership. Adds grand larceny to the list of predicate criminal acts upon which gang participation is predicated.
Patron - Lingamfelter

F HB1248

Harboring illegal alien; penalty. Provides that any person who as a part of a commercial enterprise (i) transports or moves or attempts to transport or move a known illegal alien into or within the Commonwealth or (ii) conceals or shields from detection or attempts to conceal or shield from detection that alien in any place, including any building, vehicle, or vessel with the purpose of violating the immigration laws of the United States is guilty of a Class 6 felony.
Patron - Hugo

F HB1277

Firearms; carrying at Capitol Square. Prohibits the possession of firearms on Capitol Square. Violation of the section is a Class 1 misdemeanor. There is an exception for law-enforcement officers and licensed security guards. For purposes of this section, "Capitol Square" means the grounds in that area of the City of Richmond bounded by Bank, Governor, Broad, and Ninth Streets, and the interior of the State Capitol, the General Assembly Building, and the Patrick Henry Building.
Patron - Spruill

F HB1285

Protective orders; transport of firearms by certain law-enforcement officers. Allows, at the discretion of the sheriff or chief law-enforcement officer, a law-enforcement officer subject to a protective or restraining order to transport a firearm while on-duty.
Patron - Athey

F HB1292

F HB1300

Threatening state employee; penalty. Creates a Class 1 misdemeanor for any person to threaten to take the life of or inflict bodily harm upon a state employee for the purpose of interfering with such employee's official duties.
Patron - Frederick

F HB1315

Informed consent: ultrasound required before performing abortion to determine gestation age. Requires that, as a component of informed consent to an abortion and determination of gestation age, every pregnant female shall be given the opportunity to view an ultrasound image of her fetus prior to the abortion.
Patron - Byron

F HB1328

Stalking; enhanced penalties. Provides that any person who commits a second or subsequent offense of stalking occurring within five years of a conviction of a prior offense is guilty of a Class 6 felony. Currently, the Class 6 felony applies for a third or subsequent offense. The bill also provides that any person who commits an offense of stalking when, at the time of the offense, there is in effect any court order prohibiting contact between the defendant and the victim or the victim's family or household member is guilty of a Class 6 felony. HB 335 is incorporated into this bill.
Patron - Peace

F HB1333

Crimes; manner by which sexual battery is committed. Removes "force, threat, intimidation or ruse" from the elements by which sexual battery may be committed.
Patron - Landes

F HB1371

Concealed handgun permittees; carrying firearms on public property. Prohibits a state entity, including the board of visitors of a state institution of higher education, from prohibiting the possession of a handgun on state property by a person with a valid concealed handgun permit, unless expressly authorized by statute to adopt such a rule, regulation, or policy.
Patron - Gilbert

F HB1475

F HB1544

Concealed handguns; restaurants. Prohibits a person who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises.
Patron - Gilbert

F HB1556

Unborn child pain information. Requires doctors to offer to anesthetize a fetus prior to abortion and to include in informational materials a statement that a fetus at 20 gestational weeks has the physical structures necessary to feel pain and react to physical stimuli in a manner that, in an infant or adult, would be interpreted as a response to pain.
Patron - Cline

F SB3

F SB37

Appropriations; funding for anti-child-exploitation law enforcement. Provides both one-time and ongoing appropriations to fund anti-child-exploitation law-enforcement efforts including the creation of two additional regional Internet Crimes Against Children task forces, one in Southeastern Virginia and one in Richmond/Central Virginia.
Patron - Deeds

F SB88

Expungement of marijuana charges. Provides that anyone who has had a charge of possession of marijuana discharged and dismissed in accordance with the provisions of § 18.2-251, more than 10 years prior to his petition for expungement, may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. The bill adds that the Department of Criminal Justice Services shall maintain a record of an expungement of a dismissal under § 18.2-251 for the purpose of a second prosecution under § 18.2-250 or 18.2-250.1.
Patron - Lucas

F SB109

F SB175

Sex offenders; proximity to children; penalties. Prohibits sex offenders from entering school and child day center property and from loitering near or entering community centers, public parks, and recreation centers. The bill also makes the prohibitions apply to persons with out-of-state convictions.
Patron - Blevins

F SB231

F SB263

Retrieving hunting dogs. Requires the revocation of the hunting license for the current and the next hunting seasons and allows the forfeiture of the firearm or bow and arrow of any person who is convicted of carrying such weapons and hunting on another person's property while he is retrieving his hunting dogs, which will be a Class 2 misdemeanor. In addition refusal to identify oneself when requested by the landowner to do so is raised from a Class 4 to a Class 2 misdemeanor.
Patron - Deeds

F SB270

F SB332

Concealed handgun permits; access to personal information of permittees. Allows an applicant for a concealed handgun permit to request that personal information regarding the permittee be withheld from public disclosure in response to a Freedom of Information Act request. The bill contains an emergency clause. For 90 days after the effective date of the act, the bill would require that no personal information about a concealed handgun applicant or permittee be released in response to a Freedom of Information Act request, so as to allow current concealed handgun permittees the opportunity to request that their personal information be withheld.
Patron - Cuccinelli

F SB340

Fraud against hospitals and health care providers; penalties. Provides that it shall be unlawful for any person, with the intent to cheat or defraud a hospital or health care provider, to give a false name, address, or social security number or other form of identification in order to avoid payment for medical services. Any person who violates this section shall be guilty of a Class 6 felony, if the value of service obtained is $1,000 or more, or guilty of a Class 1 misdemeanor, if the value is less than $1,000. Also this bill requires hospitals to post signs stating that anyone convicted of this crime will be prosecuted and allows hospitals to fingerprint anyone who does not have health insurance, is not eligible for Medicaid, and cannot otherwise show an ability to pay.
Patron - Cuccinelli

F SB351

Grand larceny; threshold amount. Increases from $200 to $500 the threshold amount of money or the value of the goods or chattel that the defendant must take before the crime rises from petit larceny to grand larceny.
Patron - Reynolds

F SB379

Concealed weapons; box cutters; penalty. Adds box cutters to the list of weapons that are prohibited from being carried concealed and allows the court to exclude certain weapons from being prohibited if such item was carried for a legitimate occupational, recreational, or personal reason.
Patron - Martin

F SB391

F SB397

Methamphetamine precursors; electronic log. Requires that the log currently required to be maintained by sellers of products containing ephedrine, pseudoephedrine, or any of their salts or isomers or any salts of isomers must be kept in electronic format. The Board of Pharmacy is required to establish and maintain the log and ensure that the log is capable of checking compliance against all state, local, and federal laws, including interfacing with other states to ensure comprehensive compliance.
Patron - Edwards

F SB504

Assault and battery of attorney for the Commonwealth; penalties. Provides that it is a Class 6 felony with a mandatory minimum term of confinement of six months to commit an assault or assault and battery against an attorney for the Commonwealth with the intent of preventing the attorney for the Commonwealth from performing his official duties. The bill will become effective only if an appropriation of general funds effectuating the purposes of the bill is included in the appropriations act.
Patron - Stuart

F SB507

Punishment for underage drinking and driving; penalty. Provides that "zero tolerance" (0.02% blood alcohol concentration) underage drinking and driving is punishable as a Class 1 misdemeanor. Currently, the punishment is loss of license for six months and a fine of no more than $500. This bill provides for forfeiture of such person's license to operate a motor vehicle for a period of not less than six months or more than a year from the date of conviction and either a mandatory minimum 50 hours of community service or a mandatory minimum fine of $500.
Patron - McDougle

F SB522

Assault and battery; ABC agent, penalty. Adds special agents of the Department of Alcoholic Beverage Control, officers of the Virginia Marine Police and full-time sworn members of the enforcement division of the Department of Motor Vehicles to the definition of law-enforcement officer, which means that the punishment for committing an assault and battery on such a person who is engaged in the performance of his public duties is elevated from a Class 1 misdemeanor to a Class 6 felony with a six-month mandatory minimum term of confinement. The bill will become effective only if an appropriation of general funds effectuating the purposes of the bill is included in the appropriations act. This bill incorporates SB 598.
Patron - Locke

F SB544

Master Settlement Agreement; criminal enforcement activities; penalty. Makes several changes to enhance criminal enforcement activities. The bill provides that any tobacco product manufacturer, stamping agent, or importer of cigarettes, or any officer, employee, or agent of any such entity, who knowingly makes any materially false statement in reports, documents, and tax returns required to be filed or kept under the Master Settlement Agreement or other substantive law shall be guilty of a Class 6 felony. The Attorney General is authorized to prosecute such cases. The bill also requires persons to file cigarette delivery sales information with the Attorney General in addition to the current requirement that such information be filed with the Virginia Alcoholic Beverage Control Board. The bill adds criminal penalties for failure to file the required information, under current law all penalties are civil. The Attorney General is authorized to assess the civil penalties and prosecute criminal violations. In addition, the bill includes within the definition of "racketeering activity" the filing of false reports under the Tobacco Product Manufacturers Act, of false reports of cigarette delivery sales, and of false tobacco tax reports. The effective date of the bill is contingent on the appropriation of funds in the 2008 or a subsequent general appropriation act.
Patron - Hurt

F SB598

F SB678

Drug Treatment Court Act. Authorizes a drug treatment court for the County of Tazewell.
Patron - Puckett

F SB730

Concealed handgun permits; access to permittee information. Protects from public disclosure permittee names and descriptive information held by the Department of State Police for purposes of entry into the Virginia Criminal Information Network. However, the information would still be available to law-enforcement agencies, officers, and agents in the course of law-enforcement duties, and non-identifying statistical information would be available to the general public. In addition, the State Police would be required to furnish, at a reasonable cost, a list of permit holders and their mailing addresses to nonprofit firearms and hunting educational and issue advocacy groups, but only for the purpose of education and advocacy. This bill was incorporated into SB 529.
Patron - Smith

F SB731

F SB759

F SB762

Forced or coerced abortion prohibited; penalty. Provides that any person who forces or coerces a pregnant female of any age to have an abortion against her will is guilty of a Class 1 misdemeanor. However, if such a violation is committed by the father or putative father of the unborn child when the pregnant female is less than 18 years of age, and the father or putative father is 18 years of age or older, the father or putative father is guilty of a Class 6 felony.
Patron - Smith

F SB775

Drug Treatment Court Act. Authorizes a drug treatment court for the County of Franklin.
Patron - Hurt

Carried Over

C HB13

Enhanced penalty for stalking of a minor. Provides that if at the time of the offense of stalking, the victim is a minor and the offender is 10 or more years older than the victim, the sentence imposed shall include a mandatory minimum term of confinement of 30 days. The bill also provides that (i) for a second such conviction occurring within five years the penalty shall include a mandatory minimum term of confinement of 60 days and (ii) for a third conviction of stalking occurring within five years the penalty shall include a mandatory minimum term of confinement of 90 days.
Patron - Peace

C HB312

Crimes; unintentional cause of miscarriage or stillbirth. Makes it a Class 5 felony for a person who, while engaged in conduct so gross, wanton, and culpable so as to show a reckless disregard for the life or safety of others to injury another person who is pregnant and such injury results in a miscarriage or stillbirth.
Patron - Landes

C HB315

C HB953

Abuse or neglect proceedings; videotaped statement. Allows a videotaped statement of an alleged victim to be admissible into evidence in a criminal proceeding for child abuse or neglect if the child is 12 years of age or younger at the time the statement is offered and a number of other conditions are met, including having the alleged victim testify prior to entry of the statement and having all persons present at the time the statement was taken available to testify or be cross-examined at the proceeding where the recording is offered. The proponent of the videotaped statement must give the adverse party 10 days notice prior to the proceeding of his intent to offer the statement as evidence.
Patron - Iaquinto

C HB982

Concealed handgun permits; access to permittee information. Protects from public disclosure permittee names and descriptive information held by the Department of State Police for purposes of entry into the Virginia Criminal Information Network. However, the information would still be available to law-enforcement agencies, officers, and agents in the course of law-enforcement duties, and non-identifying statistical information would be available to the general public. The bill also prohibits a clerk of court from disseminating any personal identifiable information, such as address, phone, number, or social security number, but allows the clerk, in his discretion, to make available the names of persons issued concealed handgun permits by the court. This bill incorporates HB 370, HB 653, and HB 843.
Patron - Nutter

C HB1192

Child Toy Safety Act of 2008. Provides that any person who continues to offer any child's product for retail sale when more than 14 days have elapsed following receipt of an announcement by the United States Consumer Products Safety Commission that the product has been recalled shall be assessed a civil penalty of $1,000 for each day the product continues to be offered for sale. The bill also requires several state agencies to enforce federal recalls of unsafe toys and develop standards and regulations to keep unsafe toys out of child daycare facilities.
Patron - Moran

C HB1281

Driving with special license plates after conviction of DUI. Requires persons convicted of drunk driving a third or subsequent time who have registered motor vehicles in Virginia to use yellow license plates with red letters and numbers for a five-year period.
Patron - Spruill

C HB1338

Crimes; brandishing a firearm etc. Increases from a Class 1 misdemeanor to a Class 6 felony the brandishing of any firearm or any air or gas operated weapon or any object similar in appearance.
Patron - Barlow

C SB364

Worthless check program. Authorizes attorneys for the Commonwealth to establish programs that allow persons who write bad checks to avoid prosecution if they pay full restitution to the victim, attend an educational program, and pay all fines and costs.
Patron - Watkins

C SB384

Capital murder of certain firefighters and emergency rescue personnel; penalty. Provides that the willful, deliberate, and premeditated killing of a fire marshal, firefighter, or member of an emergency rescue squad is punishable as capital murder, a Class 1 felony, when the killing is for the purpose of interfering with his official duties.
Patron - Martin

C SB529

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Crimes and Offenses Generally

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