Title
Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 24, Offenses-Miscellaneous, Article I, In General, Sec. 24-6 and 24-7 to make the City Code consistent with state laws.
Purpose
PURPOSE/BACKGROUND:
In the last two years, the state codes controlling obstruction of justice (now called obstructing justice; resisting arrest) and resisting arrest (now called fleeing from a law enforcement officer) have been amended in order to comply with recent case law. These amendments to the City Code are being made in order to bring the City Code in line with the state code and relevant case law.
Impact:
When charging suspects who are not simultaneously being charged with felonies with obstructing justice; resisting arrest, or fleeing from a law enforcement officer, officers can now utilize the city code.
Recommendation:
Rec
Approval of ordinance (no public hearing required).
Body
CHAPTER 24. OFFENSES-MISCELLANEOUS
ARTICLE I. IN GENERAL
Sec. 24-6. - Obstructing justice; resisting arrest; penalty.
(a) If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to the Code of Virginia § 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so by such judge, magistrate, justice, juror, attorney for the commonwealth, witness, law-enforcement officer, or animal control officer employed pursuant to the Code of Virginia § 3.2-65505, he shall be guilty of a Class 1 misdemeanor.
(b) Any person who, by threats, or force, knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to the Code of Virginia § 3.2-6555 lawfully engaged in his duties as such, or to obstru...
Click here for full text