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Bill > SB394


VA SB394

Carnal knowledge and sexual battery; persons detained or arrested by a law-enforcement officer.


summary

Introduced
01/09/2024
In Committee
02/28/2024
Crossed Over
03/05/2024
Passed
03/08/2024
Dead
Signed/Enacted/Adopted
04/05/2024

Introduced Session

2024 Regular Session

Bill Summary

Carnal knowledge and sexual battery; persons detained or arrested by a law-enforcement officer; confidential informants, pretrial defendants or posttrial offenders; penalty. Provides that an accused is guilty of carnal knowledge of a person serving as a confidential informant, defined in the bill, if he (i) is a law-enforcement officer; (ii) knows that such person is serving as a confidential informant for the law-enforcement agency where such officer is employed; and (iii) carnally knows, without use of force, threat, or intimidation, such confidential informant while such person is serving as a confidential informant or is expected to testify in a criminal case for which the confidential informant assisted the law-enforcement agency with its investigation. The bill provides that such offense is a Class 6 felony. The bill also provides that an accused is guilty of sexual battery if he sexually abuses (a) a person detained or arrested by a law-enforcement officer and the accused is a law-enforcement officer, (b) a pretrial defendant or posttrial offender and the accused is an owner or employee of the bail company that posted the pretrial defendant's or posttrial offender's bond, or (c) a person serving as a confidential informant and the accused is a law-enforcement officer. Current law provides that sexual battery is a Class 1 misdemeanor for a first offense and a Class 6 felony for a third or subsequent offense. Carnal knowledge and sexual battery; persons detained or arrested by a law-enforcement officer; confidential informants, pretrial defendants or posttrial offenders; penalty. Provides that an accused is guilty of carnal knowledge of a person serving as a confidential informant, defined in the bill, if he (i) is a law-enforcement officer; (ii) knows that such person is serving as a confidential informant for the law-enforcement agency where such officer is employed; and (iii) carnally knows, without use of force, threat, or intimidation, such confidential informant while such person is serving as a confidential informant or is expected to testify in a criminal case for which the confidential informant assisted the law-enforcement agency with its investigation. The bill provides that such offense is a Class 6 felony. The bill also provides that an accused is guilty of sexual battery if he sexually abuses (a) a person detained or arrested by a law-enforcement officer and the accused is a law-enforcement officer, (b) a pretrial defendant or posttrial offender and the accused is an owner or employee of the bail company that posted the pretrial defendant's or posttrial offender's bond, or (c) a person serving as a confidential informant and the accused is a law-enforcement officer. Current law provides that sexual battery is a Class 1 misdemeanor for a first offense and a Class 6 felony for a third or subsequent offense.

AI Summary

This bill amends the Code of Virginia to make it a Class 6 felony for a law enforcement officer to engage in carnal knowledge (defined as sexual intercourse, oral sex, anal sex, or object penetration) with a person serving as a confidential informant for that officer's law enforcement agency. The bill also expands the definition of sexual battery to include instances where a law enforcement officer, bail company owner or employee, or confidential informant abuses their position of authority over a person detained or arrested, a pretrial defendant or posttrial offender, or a confidential informant. The bill recognizes that these provisions may result in increased state expenditures for adult and juvenile correctional facilities.

Committee Categories

Budget and Finance, Justice

Sponsors (1)

Last Action

Governor: Acts of Assembly Chapter text (CHAP0592) (on 04/05/2024)

bill text


bill summary

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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/cgi-bin/legp604.exe?241+sum+SB394
BillText https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0592+hil
Fiscal Note/Analysis - Senate: Bill text as passed Senate and House (SB394ER) https://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+SB394FER122+PDF
BillText https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+SB394ER+hil
Fiscal Note/Analysis - Senate: Impact statement from DPB (SB394H1) https://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+SB394FH1122+PDF
Fiscal Note/Analysis - Senate: Impact statement from VCSC (SB394H1) https://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+SB394FH1160+PDF
BillText https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+SB394H1+hil
Substitute for SB394 Courts of Justice, Criminal https://committees.lis.virginia.gov/pdfs/24108136D.pdf
Fiscal Note/Analysis - Senate: Impact statement from DPB (SB394S https://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+SB394FS1122+PDF
Fiscal Note/Analysis - Senate: Committee substitute printed 2410 https://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+SB394FS1160+PDF
BillText https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+SB394S1+hil
Substitute for SB394 for S-Courts of Justice https://committees.lis.virginia.gov/pdfs/drafts/24106165D.pdf
BillText https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+SB394+hil
Fiscal Note/Analysis - Senate: Prefiled and ordered printed; off https://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+SB394F160+PDF
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