Policing is one of the most dangerous occupations. It has only become more difficult with time. Not long ago, law enforcement officers remained respected, revered members of our society. Even the most hardened criminals would think twice before assaulting a police officer. Yet, today as police officers are faced with tremendous increases in crime, they are also faced with increased disrespect and increased assaults and batteries against law enforcement officers.
Today, the United States employs less than 10% of the police presence on the street than it did thirty years ago. In the 1960's the United States as a whole employed 3.3 police officers for every violent crime reported per year. In 1993, it has 3.47 violent crimes reported for every police officer. To return to the ratio of police to violent crimes we experienced in the 1960's, we would have to add approximately five million police officers to the street. Today's police officer deals with 11.45 times as much violent crime as his or her predecessor dealt with even two decades ago. See, Adam Wallinsky, "The Crisis of Public Order," The Atlantic Monthly, 39 (July 1995).
To further illustrate the increased danger confronting law enforcement today, in 1965, there were twenty-seven murders, thirty-three rapes and 214 robberies in Milwaukee, Wisconsin. In 1990, when the population decreased, there were 165 murders, 5,988 rapes and 4,472 robberies. These increases are reflected nationwide.
Unfortunately, in today's society of skyrocketing crime, the lowest level of criminals exhibit an utter disregard not only for our laws but for those men and women who must enforce them. It is all too common today for a law enforcement officer to be assaulted by a suspect. It is even more common for those law enforcement employees who work inside detention facilities to be subjected to assault either because the inmate is angry with a detention facility rule, is dissatisfied with the "justice system" generally, is trying to escape, is brawling with another inmate, does not believe he or she should abide by the rules, or any number of other reasons.
In Virginia, it is not a violation of any law to assault or batter these law enforcement officers who have chosen to dedicate their lives to protecting the citizens of the Commonwealth and to guarding those convicted of often dangerous and deadly crimes. It is not a specific crime to knowingly and intentionally strike a law enforcement officer engaged in his or her official duties. Had the suspect or inmate engaged in such conduct on the street with
an ordinary citizen, the suspect or inmate would be subject to criminal penalties.
This Act would amend the Virginia Code to make assault and battery of law enforcement officers, including jail and correctional officers, a class 6 felony with a mandatory, minimum term of confinement in jail of one year.
Similarly, the only existing crime of assault and battery against a law enforcement officer in the Virginia Code is one which occurs by a firearm. VA CODE Section 18.2-57.1. Unbelievably, it is not currently a felony to commit an assault or an assault and battery against a law enforcement officer by shooting a firearm at a law enforcement officer. A suspect need not fear being convicted of a felony for shooting at the police officer who is chasing him to arrest him for some other crime. Nor should a drug dealer fear being convicted of a felony if he commits assault and battery against a law enforcement officer when he shoots at police who are surveying the warehouse where he houses his drugs.
This amendment would revise the Assault and Battery Against a Law Enforcement Officer Act to provide that assault or assault and battery with a firearm against a law enforcement officer, including jail and correctional officers, would be a class 5 felony. Upon conviction, the sentence would include a mandatory, minimum term of confinement in jail of one year.
The United States Congress attempted to address the fact that police are severely outnumbered by violent crimes when it provided grants for up to 100,000 new police officers. Several jurisdictions in Virginia will or already have received some of those new officers. However, more needs to be done to restore respect for men and women who wear law enforcement badges. These Acts would at least make an outward display of utter disregard for law enforcement, in the form of assault or assault and battery, a criminal offense.
A Bill to Amend and reenact §18.2-57.1 of the Virginia Code.
Be it enacted by the General Assembly of Virginia:
1. That §18.2-57.1 of the Code of Virginia is amended and reenacted as follows:
§18.2-57.1. Assault and battery against law enforcement officer with weapon; penalty; lesser included offenses.--If any person commits an assault or an assault and battery against another by the shooting of any pistol, shotgun, rifle or other firearm, knowing or having reason to know that such other person is a law enforcement officer, as defined hereinafter, engaged in the performance of his public duties as a law enforcement officer, such person shall be guilty of a class 5 felony, and, upon conviction, the sentence of such person shall include a mandatory, minimum term of confinement in jail for one year.
Nothing in this section shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.
As used in this section, the term "mandatory minimum" means that the sentence it describes shall be served with no suspension of sentence in whole or in part, and no probation being given by the court.
As used in this section, a law-enforcement officer means any full-time or part-time employee of a police department or sheriff's office which is part of or administered by the Commonwealth or any political subdivision thereof, and who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of this Commonwealth, any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115, any jail officer or correctional officer as defined in §53.1-1 and includes auxiliary police officers appointed or provided for pursuant to §§ 15.1-159.2 and 15.1-159.4 and auxiliary deputy sheriffs appointed pursuant to §15.1-48.
Assault and battery on a law enforcement officer shall be deemed to be lesser included offenses hereof.
A Bill to Amend and Enact §18.2-57.3 of the Virginia Code.
Be it enacted by the General Assembly of Virginia:
1. That §18.2-57.3 of the Code of Virginia is amended and enacted as follows:
Assault and Battery Against A Law Enforcement Officer -- Any person who shall commit a simple assault or assault and battery against another knowing or having reason to know that such other person is a law enforcement officer, as defined hereinafter, engaged in the performance of his public duties as a law enforcement officer, such person shall be guilty of a Class 6 felony and upon conviction, the sentence of such person shall include a mandatory, minimum term of confinement in jail for one year.
Nothing in this section shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.
As used in this section, the term "mandatory minimum" means that the sentence it describes shall be served with no suspension of sentence in whole or in part, and no probation being given by the court.
As used in this section, a law-enforcement officer means any full-time or part-time employee of a police department or sheriff's office which is part of or administered by the Commonwealth or any political subdivision thereof, and who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of this Commonwealth, any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115, any jail officer or correctional officer as defined in §53.1-1, and includes auxiliary police officers appointed or provided for pursuant to §§ 15.1-159.2 and 15.1-159.4 and auxiliary deputy sheriffs appointed pursuant to §15.1-48.