Virginia House Bill HB2079

Virginia 2023 Regular Session

• Introduced: 1/10/23
• Refer: 1/10/23

Caption

Assault and battery against a family or household member; prior conviction, second offense sentence.

Impact

If passed, HB2079 would amend §18.2-57.2 of the Code of Virginia to redefine the penalties associated with domestic violence offenses. By increasing penalties based on the number of previous convictions, the legislation is intended to reflect the gravity of domestic violence and promote harsher consequences for habitual offenders. This shift aligns with broader efforts to address the critical issue of familial abuse through legislative means, focusing on safeguarding vulnerable individuals within households.

Summary

House Bill 2079 aims to amend the existing laws regarding assault and battery against family or household members in Virginia. This bill introduces stricter penalties for individuals who commit such offenses, especially in the case of repeat offenders. Individuals convicted of assault and battery against a family member will face a Class 1 misdemeanor; however, those with prior convictions within a specified timeframe will experience enhanced penalties. Notably, the bill establishes mandatory minimum confinement periods for repeat offenders to ensure more significant judicial repercussions aimed at deterring domestic violence.

Contention

Some contention regarding the bill may arise from discussions about the effectiveness of mandatory minimum sentences. Critics argue that this approach might not account for the complexities of individual cases and could therefore lead to unjust outcomes. Additionally, there could be concerns about the implications for jail and prison populations, as stricter sentences could result in increased incarceration rates for non-violent offenders. The balance between protecting victims and ensuring fair treatment for the accused may lead to debates during legislative sessions.