SB 805

            
2020 SESSION


20107417D

SENATE BILL NO. 805

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the Senate Committee on the Judiciary

on February 3, 2020)

(Patron Prior to Substitute--Senator Morrissey)

A BILL to amend and reenact � 18.2-58 of the Code of Virginia,
relating to robbery; penalty.

Be it enacted by the General Assembly of Virginia:

1. That � 18.2-58 of the Code of Virginia is amended and
reenacted as follows:

� 18.2-58. Robbery defined; penalty.

A. If any person commit commits robbery
by partial strangulation, or suffocation, or by striking or beating, or by
other violence to the person, or by assault or otherwise putting a person in
fear of serious bodily harm, or by the threat or presenting of firearms, or
other deadly weapon or instrumentality whatsoever, as defined herein,
he shall be is guilty of a felony and shall be punished by
confinement in a state correctional facility for life or any term not less than
five years as follows:

1. If any person commits robbery by causing serious bodily
injury to the victim, such person is guilty of robbery in the first degree,
which is punishable by confinement in a state correctional facility for a
maximum term of life.

2. If any person commits robbery by displaying a firearm in
a threatening manner, such person is guilty of robbery in the second degree,
which is punishable by confinement in a state correctional facility for a
maximum term of 20 years.

3. If any person commits robbery by using physical force
not resulting in serious bodily injury, or by displaying a deadly weapon other
than a firearm in a threatening manner, such person is guilty of robbery in the
third degree, which is punishable as a Class 5 felony.

4. If any person commits robbery by any other means, such
person is guilty of robbery in the fourth degree, which is punishable as a
Class 6 felony.

B. As used in this section, "robbery" means the
taking, with the intent to steal, of the personal property of another, from his
person or his presence, against his will, by violence or intimidation.

2. That the provisions of this act may result in a net
increase in periods of imprisonment or commitment. Pursuant to � 30-19.1:4 of
the Code of Virginia, the estimated amount of the necessary appropriation is $0
for periods of imprisonment in state adult correctional facilities and cannot
be determined for periods of commitment to the custody of the Department of
Juvenile Justice.