Criminal Justice (Violent Crime)

Possession, transportation, or purchase of certain firearms by certain persons; penalty. Provides additional exceptions, outlined in the bill, for persons younger than 18 years of age to possess or transport handguns or assault firearms anywhere in the Commonwealth. The bill also makes it a Class 1 misdemeanor for persons younger than 21 years of age to purchase a handgun or assault firearm anywhere in the Commonwealth.

Carrying assault firearms in public areas prohibited in the Commonwealth; penalty. Prohibits the carrying of certain semi-automatic center-fire rifles, pistols, and shotguns or any firearm modified to be operable as an assault firearm on any public street, road, alley, sidewalk, or public right-of-way or in any public park or any other place of whatever nature that is open to the public, with certain exceptions. Under current law, the prohibition on carrying certain shotguns and semi-automatic center-fire rifles and pistols applies to a narrower range of firearms, only in certain localities, and only when such firearms are loaded. A violation of this prohibition is a Class 1 misdemeanor. This bill incorporates SB 312.

Assault and battery; serious bodily injury; penalty. Creates a Class 6 felony for any person who commits an assault and battery that results in serious bodily injury, as defined in relevant law, but does not rise to the level of the current offenses of unlawful or malicious wounding. The bill adds such new offense to the list of violent felony offenses for the purposes of the discretionary sentencing guidelines.

Assault and battery; district court temporary recall judge; penalty. Adds a judge of a district court under temporary recall to the definition of "judge" as it relates to the crime of assault and battery, which is a Class 1 misdemeanor that is enhanced to a Class 6 felony with a mandatory minimum term of confinement of six months if such judge is engaged in his public duties at the time of the offense. This bill is a recommendation of the Committee on District Courts and is identical to SB 144.

Aggravated murder; assault and battery; correctional officer; custodial employee of Department of Corrections; penalties. Adds to the definition of aggravated murder, which is a Class 1 felony, the willful, deliberate, and premeditated killing of a correctional officer, defined in relevant law, when such killing is for the purpose of interfering with the performance of his official duties. The bill also expands the definition of aggravated murder to include the willful, deliberate, and premeditated killing of any person by a prisoner confined in a juvenile correctional facility, defined in relevant law. The bill provides that if any person maliciously causes bodily injury to another by any means, including the means set out in existing law, with intent to maim, disfigure, disable, or kill, and knowing or having reason to know that such other person is a correctional officer, as defined in relevant law, engaged in the performance of his public duties as a correctional officer, such person is guilty of a felony punishable by imprisonment for a period of not less than five years nor more than 30 years and, subject to existing law, a fine of not more than $100,000; upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of two years. The bill also provides that if any person unlawfully, but not maliciously, with the intent aforesaid, causes bodily injury to another by any means, knowing or having reason to know such other person is a correctional officer engaged in the performance of his public duties as a correctional officer, he is guilty of a Class 6 felony, and upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of one year. Lastly, the bill provides that if an assault and battery upon (i) a correctional officer; (ii) a person directly involved in the care, treatment, or supervision of inmates in the custody of the Department of Corrections; (iii) an employee of a local or regional correctional facility directly involved in the care, treatment, or supervision of inmates in the custody of the facility; or (iv) a person directly involved in the care, treatment, or supervision of persons in the custody of or under the supervision of the Department of Juvenile Justice involves the use of any bodily fluid or excrement from such person charged, the sentence of such person, upon conviction, shall include a mandatory minimum term of confinement of three years.

Law-enforcement civilian oversight bodies; closed meetings; disclosure of certain law-enforcement records. Provides an exemption to the Virginia Freedom of Information Act to allow closed meetings for discussion or consideration by any law-enforcement civilian oversight body established pursuant to general law or established by a local governing body before July 1, 2020, and operating in a manner consistent with such law of the criminal investigative files, audit findings, and deliberations regarding police operations related to a specific complaint before the body involving any violation or attempted violation of certain offenses. The bill allows inspection of certain law-enforcement records concerning juveniles by such civilian oversight bodies when required to perform their duties and by any independent policing auditor, manager, director, or other person appointed by the local governing body to support such civilian oversight body. Finally, the bill allows disclosure of certain information regarding crimes involving sexual assault, sexual abuse, or family abuse to such civilian oversight body and independent policing auditor, manager, director, or other person appointed by the local governing body.

Crimes by gangs; definition of "predicate criminal act"; penalties. Adds the misdemeanor and felony offenses of carrying a concealed weapon and the misdemeanor offense of pointing, holding, or brandishing a firearm, air or gas operated weapon, or object similar in appearance to the definition of "predicate criminal act" related to prohibited criminal street gang participation.