Virginia Senate approves bill downgrading assault of a police officer to a misdemeanor

The Virginia Senate approved legislation that would allow assaulting a police officer to be charged as a misdemeanor instead of a felony if the law enforcement officer does not suffer any bodily injury. The bill also removes the mandatory minimum six-month sentence for assaulting a police officer.

Senate Bill 5032 would eliminate "the mandatory minimum term of confinement for an assault and battery committed against a judge; magistrate; law-enforcement officer; correctional officer; person directly involved in the care, treatment, or supervision of inmates; firefighter; or volunteer firefighter or any emergency medical services personnel and provides that such crime can no longer be committed as a simple assault and must result in a bodily injury."

The legislation would allow judges to reduce the charge from a felony to a misdemeanor if the law enforcement officer was unharmed or if the assailant suffers from diminished capacity or a developmental disorder. If the charge is brought as a felony, it requires an investigation by a different police officer and must be approved by a Commonwealth's Attorney, according to the Washington Post.

The Virginia Senate voted 21-15 to pass Senate Bill 5032 on Wednesday during the Virginia General Assembly special session, WSLS-TV reported. The legislation was approved after all 21 Democrats voted in favor of the bill and 15 Republicans voted against it. The legislation will now move to the state House, where Democrats hold a 55-45 majority.