HAMPTON ROADS, Va. (WAVY) — A pair of bills in the Virginia legislature that could lessen the punishment for certain people who commit an assault on a law enforcement officer are both on their way to Gov. Glenn Youngkin’s desk.
The bills are only for someone with a behavioral disorder, like autism, someone going through a mental health crisis or a cognitive disorder like dementia.
The bills give judges more discretion on sentencing someone if they are charged with assault and battery against a law enforcement officer while experiencing a mental health crisis, but some police groups in the Commonwealth believe these checks and balances already exist.
Currently, the mandatory minimum sentence is two years in jail for assault on an officer in Virginia, but the bill’s author, Sen. Jennifer Boysko, said when someone is in crisis their emotions and actions could be difficult to control.
Her hope with the passage of this bill is that these individuals and their loved ones won’t be afraid to call 911. She said she’s worked with families in the autism community to come up with this bill.
“They have loved ones who have no control over their ability to react,” Boysko said, “and so a simple assault on an officer might mean that I spill some water on you, it might mean that I bump into you.”
Boysko said many in the autism community are afraid to call for help when a loved one is going through a crisis. That’s why she worked with advocates to write Senate Bill 357, which revolves around prosecution of those with a behavioral disorder like autism or a mental illness committing a simple assault against an officer.
“Currently, there is a mandatory minimum felony charge for anyone who has a simple assault on an officer,” Boysko said. “They are afraid of having their loved one be incarcerated because it is not a good place for them.”
Boysko said the officer would always have the right to arrest the individual, this just gives more leeway to the judge.
Brian “Lucky” Luciano, president of the Virginia Beach Police Benevolent Association, said he has been in hundreds of situations where he has had to deal with someone in crisis and believes there are checks and balances that already exist that makes the bill unnecessary.
“I am no different than other officers,” said Luciano. “We look at the situation and sometimes we go, You know what? No harm, no foul. They didn’t mean to do it. They’re fine. Now, I’ve had I’ve had patients apologize to me and I tell them, That’s fine You didn’t hurt me. We’re good.”
He believes this bill is meant to devalue assault on an officer because no one else is mentioned in this.
“They didn’t say that it’s no longer Class 6 felony to assault magistrates, EMS workers, firefighters,” Luciano said. “EMS workers can all be called to the same scene, and I’ve seen them get assaulted, but all they’re doing is cherry picking law enforcement and saying if you assault law enforcement, it’s no longer a Class 6 felony.”
Luciano said their opposition is not meant to disparage anyone with mental health issues, but said being in crisis is very hard to define.
“Not everyone who’s in crisis … doesn’t automatically forget what right and wrong is,” Luciano said. “A lot of people in crisis still understand what right and wrong is.”
House Bill 267 is very similar legislation.
Both passed last week and are currently sitting on Youngkin’s desk.
