Protective orders; expands class of persons eligible to obtain. (HB2063)
Introduced By
Del. Rob Bell (R-Charlottesville)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Protective orders; availability; penalty. Renames "protective orders for stalking" as "protective orders" and expands the class of persons who is eligible to obtain a protective order to include persons who have been subjected to assault or any conduct that creates a reasonable fear of death or where a warrant or petition for arrest for such conduct has been issued. The bill also authorizes a law-enforcement officer to request an extension of an emergency protective order, not to exceed three days, for a person in need of protection who is physically or mentally incapable of filing a petition for a preliminary or permanent protective order. The bill also makes the penalties for violating a protective order consistent with the penalties for violating a family abuse protective order: (i) any person convicted of a second violation of a protective order, when the offense is committed within five years of a conviction for a prior offense and when either the instant or prior offense was based on an act or threat of violence, shall be sentenced to a mandatory minimum term of confinement of 60 days; (ii) any person convicted of a third or subsequent offense, when such offense is committed within 20 years of the first conviction and when either the instant or any of the prior offenses was based on an act or threat of violence, is guilty of a Class 6 felony and punishment shall include a mandatory minimum term of confinement of six months; (iii) any person who commits an assault and battery resulting in serious bodily injury upon a person protected by a protective order is guilty of a Class 6 felony; and (iv) any person who violates a protective order by furtively entering the home of the protected party while such party is present or enters and remains in such home until the protected party arrives is guilty of a Class 6 felony. The bill also provides that any person convicted of violating a protective order for which no mandatory minimum sentence is specified shall be sentenced to a term of confinement and shall not have his entire sentence suspended.
Outcome
History
Date | Action |
---|---|
01/11/2011 | Committee |
01/11/2011 | Prefiled and ordered printed; offered 01/12/11 11102344D |
01/11/2011 | Referred to Committee for Courts of Justice |
01/12/2011 | Impact statement from (HB2063) |
01/12/2011 | Impact statement from VCSC (HB2063) |
01/25/2011 | Assigned Courts sub: #1 Criminal |
02/02/2011 | Subcommittee recommends reporting with amendment(s) (8-Y 0-N) |
02/02/2011 | Subcommittee recommends reporting with amendment(s) (9-Y 0-N) |
02/03/2011 | Referred to Committee for Courts of Justice |
02/04/2011 | Reported from Courts of Justice with substitute (21-Y 0-N) (see vote tally) |
02/04/2011 | Committee substitute printed 11105159D-H1 |
02/04/2011 | Incorporates HB1876 |
02/04/2011 | Incorporates HB2340 |
02/04/2011 | Incorporates HB1716 |
02/04/2011 | Incorporates HB2422 |
02/06/2011 | Read first time |
02/07/2011 | Impact statement from VCSC (HB2063H1) |
02/07/2011 | Read second time |
02/07/2011 | Committee substitute agreed to 11105159D-H1 |
02/07/2011 | Engrossed by House - committee substitute HB2063H1 |
02/08/2011 | Read third time and passed House BLOCK VOTE (99-Y 0-N) |
02/08/2011 | VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally) |
02/09/2011 | Constitutional reading dispensed |
02/09/2011 | Referred to Committee for Courts of Justice |
02/14/2011 | Reported from Courts of Justice with substitute (15-Y 0-N) (see vote tally) |
02/14/2011 | Committee substitute printed 11105341D-S1 |
02/14/2011 | Rereferred to Finance |
02/15/2011 | Impact statement from VCSC (HB2063S1) |
02/16/2011 | Reported from Finance (12-Y 0-N) (see vote tally) |
02/17/2011 | Constitutional reading dispensed (38-Y 0-N) (see vote tally) |
02/18/2011 | Read third time |
02/18/2011 | Reading of substitute waived |
02/18/2011 | Committee substitute agreed to 11105341D-S1 |
02/18/2011 | Engrossed by Senate - committee substitute HB2063S1 |
02/18/2011 | Passed Senate with substitute (40-Y 0-N) (see vote tally) |
02/21/2011 | Placed on Calendar |
02/22/2011 | Senate substitute rejected by House 11105341D-S1 (1-Y 96-N) |
02/22/2011 | VOTE: REJECTED (1-Y 96-N) (see vote tally) |
02/23/2011 | Senate insisted on substitute (40-Y 0-N) (see vote tally) |
02/23/2011 | Senate requested conference committee |
02/24/2011 | House acceded to request |
02/24/2011 | Impact statement from VCSC (HB2063H1) |
02/24/2011 | Conferees appointed by Senate |
02/24/2011 | Senators: Barker, Deeds, Obenshain |
02/24/2011 | Conferees appointed by House |
02/24/2011 | Delegates: Bell, R.B., Albo, Ware, O. |
02/26/2011 | Conference substitute printed 11105578D-H2 |
02/26/2011 | Conference report agreed to by Senate (40-Y 0-N) (see vote tally) |
02/26/2011 | Conference report agreed to by House (92-Y 0-N) |
02/26/2011 | VOTE: ADOPTION (92-Y 0-N) (see vote tally) |
02/28/2011 | Impact statement from VCSC (HB2063H2) |
03/03/2011 | Enrolled |
03/03/2011 | Bill text as passed House and Senate (HB2063ER) |
03/03/2011 | Signed by Speaker |
03/04/2011 | Impact statement from VCSC (HB2063ER) |
03/06/2011 | Signed by President |
03/24/2011 | G Approved by Governor-Chapter 480 (effective 7/1/11) |
03/24/2011 | G Acts of Assembly Chapter text (CHAP0480) |
03/29/2011 | Impact statement from DPB (HB2063ER) |