By Hank Berrien
Virginia Senate Democrats are proposing the reduction of the charge of assault on a police officer from a felony to a simple misdemeanor offense.
The proposal, one of 28 championed by the Virginia Senate Democratic Caucus to reform the state’s law enforcement systems, would get rid of the current law that considers an assault of a police officer a Class 6 felony and imposes a mandatory minimum term of confinement of six months.
The Virginia code states:
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 judge, a magistrate, a law-enforcement officer … a correctional officer … a volunteer firefighter or any emergency medical services personnel member who is employed by or is a volunteer of an emergency medical services agency or as a member of a bona fide volunteer fire department or volunteer emergency medical services agency … such person is guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory minimum term of confinement of six months.
The Virginia Senate Democrats issued a statement reading, “The deaths of [George] Floyd, [Ahmaud] Arbery and [Breonna] Taylor have awoken Americans and Virginians to long-standing problems in policing in America. After people are arrested, additional damage is done by a criminal justice system that has been streamlined to produce convictions and punishment instead of rehabilitation and justice.”
As the Fort Hunt Herald reported, “The Virginia Senate Democratic Caucus’ list of proposed reforms includes:
Prohibit No Knock Warrants
Ban Sex With Individuals Arrested by Law Enforcement
Prohibit Hiring of Officers Fired or Resigned During Use of Force Investigations
Create a Decertification Procedure for Law Enforcement Officers*
Ban chokeholds and strangleholds
Require Attempts at De-escalation Prior to Use of Force
Require Warnings Before Shots Fired
Require Law Enforcement to Exhaust All Other Means Prior to Shooting
Create Duty to Intervene by Fellow Law Enforcement Officers
Prohibit Shooting at Moving Motor Vehicles
Require Departments to Create a Use of Force Continuum
Require Comprehensive Reporting by All Law Enforcement Agencies Including Use of Force Data
Defelonize Assault on Law Enforcement Officer (Return to Misdemeanor Offense)
Cancel HB599 Funding (Virginia supplemental funding for local police departments) After Local Police Have Disproportionate Use of Force Incidents in their Jurisdiction
Create Local Authority for a Marcus Alert System – System to Report Acute Mental Health Crises
Create Local Option for Citizen Review Board Empowered to Investigate, Fire and/or Discipline Officers
Confirm Prosecutors’ Authority to Drop Charges*
Enhance Courts’ Ability to Expunge Charges for Dismissed Charges, Substance Convictions and Pardoned Offenses*
Prohibit Searches of Person or Vehicle Based on Odor of Marijuana Without Probable Cause for Other Offenses*
Prohibit Stops for Equipment Violations Not Covered by State Vehicle Inspection
Secondary Offense For Dangling Objects, Extinguished Tag Light, Tinted Windows or Loud Exhaust
Jury Sentencing Only at Option of the Accused*
Eliminate Commonwealth’s Right to Demand Jury Trial When Jury Trials Suspended for State of Emergency*
Require Agencies to Determine Cost Savings for Introduced Criminal Justice Legislation
Allow Earned Sentence Credit for Good Behavior During Prison*
Create Discretion for Compassionate Release for Terminally Ill or Permanently Disabled Prisoners*
Virginia Rental Assistance Fund for Families Economically Impacted by COVID
Require and Reimburse Localities for Postage Prepaid Envelopes for Absentee Voting*
Author: Hank Berrien
Source: Daily Wire: Virginia Democrats Propose Reducing Charge For Assaulting Police Officers
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