Virginia Senate advances bill to downgrade charge for assaulting police, end mandatory jail term

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The Virginia Senate this week approved a bill that would let the charge of assaulting a police officer be a misdemeanor instead of a felony, and eliminate the mandatory jail term for being convicted of such a crime.

The Senate's vote was 21-15 on Wednesday night, WSLS-TV of Roanoke reported. The bill now shifts to the state House for its consideration. Democrats control both chambers of the state Legislature as well as the governor's office.

Senate Bill 5032 was proposed as the nation's police departments face broad scrutiny over use of force against African-Americans and other minorities.

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A judge could downgrade a charge of assaulting an officer to a misdemeanor if the victim is not physically harmed as a result of the attack, WSLS reported.

Republicans denounced the bill, saying it would undermine law enforcement.

"What in the world are we doing here?" state Sen. John Cosgrove Jr., a Republican, asked, according to The Washington Post. “Have you watched television for the last couple of weeks? Have you seen what our police officers are going through? And here we are with a bill that’s going to actually make it easier for someone to actually assault a police officer.”

Democrats countered that the bill would help address inequities in the state's criminal justice system, The Washington Post reported.

A summary of the bill states it 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 bill's advance comes more than two months after Richmond Mayor Levar Stoney announced police Chief Will Smith's resignation following criticism over how local law enforcement handled protests in the city after the May 25 death of George Floyd in Minneapolis.

"At a very minimum, I expect [the police] to be able to come to the table with the community to reform public safety," Stoney had said during a news conference. "So it boils down to whether the leadership of [the Richmond Police] embraces the change."

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"That is why as of this morning, I requested Chief Smith's resignation and he accepted," he continued. "I want to take a minute to say, Chief Smith is a good man. He served this city for a very long time. He put his heart and soul into service in this department and to this city and I thank him."