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. Amends § 16.1-228, § 16.1-253.1, § 16.1-253.4, § 16.1-279.1, § 16.1-69.55, § 17.1-213, § 17.1-272, § 18.2-60.4, § 19.2-120, § 19.2-152.10, § 19.2-152.8, § 19.2-152.9, § 19.2-81.3, of the Code of Virginia.

Outcome

Bill Has Passed

History

  • 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)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 4 clips in all, totaling 3 minutes.