Misdemeanors
Virginia 2017 Regular Session
Arrest; resisting law-enforcement officers, etc. [SB-1474]
Resisting arrest; penalty. Expands the Class Resisting arrest; penalty. Expands the Class 1 misdemeanor of resisting arrest to include, in addition to fleeing from a law-enforcement officer, attempting to escape from the lawful custody of a law-enforcement officer by force or violence.
Sponsored by: Sen. Bill DeSteph
Left In Courts Of Justice on 02/21/2017
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Virginia Residential Landlord and Tenant Act; landlord to inspect vacated dwelling unit. [HB-2382]
Virginia Residential Landlord and Tenant Act; landlord to inspect vacated dwelling unit for abandoned animals; penalty. Requires a landlord who knows or should have known that a dwelling unit has been vacated to inspect such dwelling unit within two days of its being vacated for the presence of any abandoned animals. If an abandoned animal is discovered, the landlord is required to notify an animal control officer or law enforcement of the presence and condition of the animal but shall not be considered the owner or custodian of the animal. The
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Sponsored by: Rep. Joesph Lindsey
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Firearms; transfers to a non-licensed dealer. [SB-1439]
Firearm transfers; penalties. Creates a Class 2 misdemeanor for a person who is not a licensed dealer to sell, rent, trade, or transfer a firearm to any other person who is not a licensed dealer. The bill also creates a Class 2 misdemeanor for a person who is not a licensed dealer to buy,rent, trade, or transfer a firearm from any other person who is not a licensed dealer. The bill exempts certain transfers, such as between immediate family members, by operation of law, at a firearms show with a voluntary background check, and when the transfer
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Sponsored by: Sen. Scott Surovell
Passed By Indefinitely In Courts Of Justice (12-y 3-n) on 01/18/2017
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Virginia 2017 Regular Session
Firearms; access by children, penalty. [SB-1266]
Firearms; access by children; penalty. Provides that it is a Class 1 misdemeanor to knowingly authorize a child age four or younger to use or handle a firearm.
Sponsored by: Sen. Adam Ebbin
Passed By Indefinitely In Courts Of Justice (8-y 7-n) on 01/18/2017
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Virginia 2017 Regular Session
Firearms; carrying in public while intoxicated, etc., penalty. [SB-1267]
Firearms; alcohol; penalties. Provides that it is a Class 1 misdemeanor for a person who is intoxicated or under the influence of illegal drugs to carry a loaded firearm on or about his person in a public place and that a person found guilty is ineligible to apply for a concealed handgun permit for a period of five years. Current law provides that such prohibition applies only to persons permitted to carry a concealed handgun. The bill also creates a Class 2 misdemeanor for a person who carries a loaded firearm on or about his person onto the premises
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Sponsored by: Sen. Adam Ebbin
Committee Amendments on 01/18/2017
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Virginia 2017 Regular Session
School principals; incident reports. [SB-1163]
School principals; incident reports. Provides that school principals are not required to report criminal misdemeanors or status offenses to law enforcement if in the principal's discretion, based on a totality of the circumstances and consistent with Board of Education guidelines, such report is not warranted. The bill requires the Board of Education, in consultation with the Department of Juvenile Justice, the Office of the Attorney General, and any interested stakeholders, to update its Student Conduct Policy Guidelines to provide guidance for
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Sponsored by: Sen. Jennifer McClellan
Incorporated By Education And Health on 02/02/2017
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Virginia 2017 Regular Session
DNA data bank; VSCC to study expanding number of certain crimes that require DNA. [HJR-711]
Study; Virginia State Crime Commission; DNA data bank; report. Directs the Virginia State Crime Commission to study expanding the number of misdemeanor crimes that require the DNA of the person convicted to be included in Virginia's DNA data bank.
Sponsored by: Rep. Robert Bell
Tabled In Rules By Voice Vote on 01/26/2017
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Virginia 2017 Regular Session
Sexual battery; surprise, penalty. [HB-2065]
Sexual battery; surprise; penalty. Provides that sexual battery, which is punishable as a Class 1 misdemeanor, may be accomplished by surprise.
Sponsored by: Rep. Michael Mullin
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Warrantless arrest for misdemeanor; transportation to crisis stabilization unit. [HB-1997]
Warrantless arrest for misdemeanor; transportation to crisis stabilization unit. Authorizes a law-enforcement officer who makes a warrantless arrest of a person for a misdemeanor offense who the officer believes has a mental illness to transport such person to a crisis stabilization unit or similar facility in lieu of taking him before a magistrate, provided that the use of such unit or facility has been approved by the chief judge of the circuit court serving the jurisdiction where the arrest occurred. Any person transported to such unit or facility
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Sponsored by: Rep. Patrick Hope
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
School principals; incident reports. [HB-1839]
School principals; incident reports. Provides that school principals are not required to report criminal misdemeanors or status offenses to law enforcement if in the principal's discretion, based on a totality of the circumstances and consistent with Board of Education guidelines, such report is not warranted. The bill requires the Board of Education, in consultation with the Department of Juvenile Justice, the Office of the Attorney General, and any interested stakeholders, to update its Student Conduct Policy Guidelines to provide guidance for
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Sponsored by: Rep. L. Scott Lingamfelter
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Female genital mutilation; criminal penalty and civil action. [SB-1060]
Female genital mutilation; criminal penalty and civil action. Makes it a Class 1 misdemeanor for any person to knowingly circumcise, excise, or infibulate the labia major, labia minora, or clitoris of a minor. The bill makes it a Class 1 misdemeanor for any parent, guardian, or other person responsible for the care of a minor to consent to such circumcision, excision, or infibulation. The bill also makes it a Class 1 misdemeanor for any parent, guardian, or other person responsible for the care of a minor to knowingly remove or cause or permit the
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Sponsored by: Sen. Richard Black
Governor: Acts Of Assembly Chapter Text (chap0667) on 03/20/2017
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Virginia 2017 Regular Session
Crossing established police lines, perimeters, or barricades; penalty. [SB-1056]
Crossing established police lines, perimeters, or barricades; penalty. Increases from a Class 3 misdemeanor to a Class 1 misdemeanor the crossing or remaining within lawfully established police lines or barricades without proper authorization.
Sponsored by: Sen. Richard Stuart
Committee Amendments on 01/16/2017
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Virginia 2017 Regular Session
Fire alarms; maliciously activating, penalty. [SB-1054]
Activation of fire alarms; reimbursement of expenses; penalty. Removes the condition that a building must be for public use in order for the Class 1 misdemeanor for maliciously activating a building's fire alarm to apply. The bill authorizes any locality to provide by ordinance that a person convicted of maliciously activating a fire alarm shall be liable for the reasonable expense in responding to such a fire alarm. Current law allows such an ordinance to impose liability for the reasonable expense of an emergency response to an imitation version
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Sponsored by: Sen. Richard Stuart
Governor: Acts Of Assembly Chapter Text (chap0519) on 03/16/2017
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Virginia 2017 Regular Session
Disarming a law-enforcement officer; penalty. [HB-1726]
Disarming a law-enforcement officer; penalty. Increases from a Class 1 misdemeanor to a Class 6 felony the penalty for removing a chemical irritant weapon or impact weapon from a law-enforcement officer or correctional officer engaged in the performance of his duties with the intent to impede or prevent such officer from performing his duties. The bill further increases the penalty from a Class 6 felony to a Class 4 felony if the weapon removed is such officer's firearm or stun weapon.
Sponsored by: Rep. Margaret Ransone
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Firearms; carrying in public while intoxicated, etc., penalty. [HB-1700]
Firearms; alcohol; penalties. Provides that it is a Class 1 misdemeanor for a person who is intoxicated or under the influence of illegal drugs to carry a loaded firearm on or about his person in a public place and that a person found guilty is ineligible to apply for a concealed handgun permit for a period of five years. Current law provides that such prohibition applies only to persons permitted to carry a concealed handgun. The bill also creates a Class 2 misdemeanor for a person who carries a loaded firearm on or about his person onto the premises
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Sponsored by: Rep. Daniel Marshall
Left In Militia, Police And Public Safety on 02/07/2017
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Virginia 2017 Regular Session
Firearms; restricting access to children, Class 1 misdemeanor. [HB-1684]
Restricting access to firearms by children; mental state; penalty. Removes the requirement that conduct required for a conviction of unlawfully leaving a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of 14 be reckless. The bill increases the penalty for such violation from a Class 3 misdemeanor to a Class 1 misdemeanor.
Sponsored by: Rep. Vivian Watts
Left In Militia, Police And Public Safety on 02/07/2017
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Virginia 2017 Regular Session
Careless driving; cause of injury to vulnerable road user. [HB-1633]
Careless driving; cause of injury to vulnerable road user. Provides that a person is guilty of a Class 1 misdemeanor and shall have his license suspended who operates a motor vehicle in a careless or distracted manner and is the proximate cause of serious physical injury to a vulnerable road user, defined in the bill as a pedestrian or person riding a bicycle, electric wheelchair, electric bicycle, wheelchair, skateboard, skates, foot-scooter, animal, or animal-drawn vehicle.
Sponsored by: Rep. James LeMunyon
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Preliminary hearing; certification of ancillary misdemeanors, fees and costs. [HB-1621]
Preliminary hearing; certification of ancillary misdemeanors; fees and costs. Provides that if, pursuant to a preliminary hearing, a district court certifies a felony offense and any ancillary misdemeanor offense for trial in circuit court, fees and costs shall be assessed against the accused in the same manner as if a final judgment had been entered by the district court on the misdemeanor offense.
Sponsored by: Rep. Christopher Collins
Failed To Report (defeated) In Courts Of Justice (7-y 7-n) on 02/06/2017
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Virginia 2017 Regular Session
Firearm transfers; penalties. [SB-915]
Firearm transfers; penalties. Creates a Class 3 misdemeanor for a person who is not a licensed dealer but who conducts business as a merchant of firearms to sell a firearm without a background check conducted by a federally licensed dealer. The bill exempts transfers to family members, to personal friends, by inheritance, by operation of law, or for a temporary purpose.
Sponsored by: Sen. John Edwards
Passed By Indefinitely In Courts Of Justice (9-y 6-n) on 01/23/2017
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Virginia 2017 Regular Session
Driving after forfeiture of license. [SB-862]
Driving after forfeiture of license. Provides that a person is guilty of an offense of driving or operating a motor vehicle (i) after his driver's license has been revoked for certain offenses, (ii) in violation of the terms of a restricted license, (iii) without an ignition interlock system if one is required, or (iv) if the person's license had been restricted, suspended, or revoked for certain driving under the influence offenses, with a blood alcohol content of 0.02 percent or more, only if such person was driving or operating the motor vehicle
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Sponsored by: Sen. Scott Surovell
Left In Courts Of Justice on 02/21/2017