RD40 - HB932 - Definition of a Family or Household Member


Executive Summary:
During the 2003 Session of the Virginia General Assembly, Delegate Bradley P. Marrs introduced House Bill 932 (HB 932), (*1) expanding the crime of assault and battery against a family or household member (Class 1 misdemeanor for a first offense) to include as a victim, a child of a family or household member. This bill was left in the House Courts of Justice Committee and referred by letter to the Virginia State Crime Commission, and subsequently to the Family Violence Sub-Committee (FVS), for further study. As a result of the study effort, staff presented the following policy options for consideration:

• Policy Option 1: Change the definition of a family or household member as defined in Virginia Code § 16.1-228 to include a child of a family or household member.

• Policy Option 2: Address the problems with the penalty phase in the current version of HB 932 by including the language “or against a child of a family or household member” in Virginia Code § 18.2-57.2 (B).

• Policy Option 3: Recommend the General Assembly not support the enactment of HB 932 as drafted.

Recommendation:

The FVS recommended the General Assembly not support the enactment of HB 932 as drafted. The Virginia State Crime Commission voted to accept the recommendation of the Family Violence Sub-Committee.
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(*1) House Bill 932 (2003). See attachment 1.