HB1982: Protective orders; increases penalty for second offense for violation thereof.

HOUSE BILL NO. 1982
Offered January 10, 2007
Prefiled January 5, 2007
A BILL to amend and reenact § 16.1-253.2 of the Code of Virginia, relating to violation of provisions of protective orders; penalty.
Patron-- Lohr

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That § 16.1-253.2 of the Code of Virginia is amended and reenacted as follows:

§ 16.1-253.2. Violation of provisions of protective orders; penalty.

In addition to any other penalty provided by law, any person who violates any provision of a protective order issued pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.14, 16.1-279.1 or subsection B of § 20-103, which prohibits such person from going or remaining upon land, buildings or premises or from further acts of family abuse, or which prohibits contacts between the respondent and the respondent's family or household member as the court deems appropriate is guilty of a Class 1 misdemeanor, provided that the punishment for any person convicted of a second such offense, when the offense is committed within five years of a conviction for a prior offense, shall include a mandatory minimum term of confinement of 60 days. If the respondent commits an assault and battery upon any party protected by the protective order, resulting in serious bodily injury to the party, he is guilty of a Class 6 felony. Any person who violates such a protective order by furtively entering the home of any protected party while the party is present, or by entering and remaining in the home of the protected party until the party arrives, is guilty of a Class 6 felony, in addition to any other penalty provided by law. Any person convicted of a third offense under this section, when the third such offense is committed within 20 years of the first conviction, is guilty of a Class 6 felony, and punishment shall include a mandatory minimum term of confinement of one year. Upon conviction of any offense hereunder for which a mandatory minimum term of confinement is not specified, the person shall be sentenced to a term of confinement and in no case shall the entire term imposed be suspended. Upon conviction, the court shall, in addition to the sentence imposed, enter a protective order pursuant to § 16.1-279.1 for a specified period not exceeding two years from the date of conviction.

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, the estimated amount of the necessary appropriation is $1,387,151 for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.