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

Bill Has Passed

History

DateAction
01/11/2011Committee
01/11/2011Prefiled and ordered printed; offered 01/12/11 11102344D
01/11/2011Referred to Committee for Courts of Justice
01/12/2011Impact statement from (HB2063)
01/12/2011Impact statement from VCSC (HB2063)
01/25/2011Assigned Courts sub: #1 Criminal
02/02/2011Subcommittee recommends reporting with amendment(s) (8-Y 0-N)
02/02/2011Subcommittee recommends reporting with amendment(s) (9-Y 0-N)
02/03/2011Referred to Committee for Courts of Justice
02/04/2011Reported from Courts of Justice with substitute (21-Y 0-N) (see vote tally)
02/04/2011Committee substitute printed 11105159D-H1
02/04/2011Incorporates HB1876
02/04/2011Incorporates HB2340
02/04/2011Incorporates HB1716
02/04/2011Incorporates HB2422
02/06/2011Read first time
02/07/2011Impact statement from VCSC (HB2063H1)
02/07/2011Read second time
02/07/2011Committee substitute agreed to 11105159D-H1
02/07/2011Engrossed by House - committee substitute HB2063H1
02/08/2011Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/08/2011VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/09/2011Constitutional reading dispensed
02/09/2011Referred to Committee for Courts of Justice
02/14/2011Reported from Courts of Justice with substitute (15-Y 0-N) (see vote tally)
02/14/2011Committee substitute printed 11105341D-S1
02/14/2011Rereferred to Finance
02/15/2011Impact statement from VCSC (HB2063S1)
02/16/2011Reported from Finance (12-Y 0-N) (see vote tally)
02/17/2011Constitutional reading dispensed (38-Y 0-N) (see vote tally)
02/18/2011Read third time
02/18/2011Reading of substitute waived
02/18/2011Committee substitute agreed to 11105341D-S1
02/18/2011Engrossed by Senate - committee substitute HB2063S1
02/18/2011Passed Senate with substitute (40-Y 0-N) (see vote tally)
02/21/2011Placed on Calendar
02/22/2011Senate substitute rejected by House 11105341D-S1 (1-Y 96-N)
02/22/2011VOTE: REJECTED (1-Y 96-N) (see vote tally)
02/23/2011Senate insisted on substitute (40-Y 0-N) (see vote tally)
02/23/2011Senate requested conference committee
02/24/2011House acceded to request
02/24/2011Impact statement from VCSC (HB2063H1)
02/24/2011Conferees appointed by Senate
02/24/2011Senators: Barker, Deeds, Obenshain
02/24/2011Conferees appointed by House
02/24/2011Delegates: Bell, R.B., Albo, Ware, O.
02/26/2011Conference substitute printed 11105578D-H2
02/26/2011Conference report agreed to by Senate (40-Y 0-N) (see vote tally)
02/26/2011Conference report agreed to by House (92-Y 0-N)
02/26/2011VOTE: ADOPTION (92-Y 0-N) (see vote tally)
02/28/2011Impact statement from VCSC (HB2063H2)
03/03/2011Enrolled
03/03/2011Bill text as passed House and Senate (HB2063ER)
03/03/2011Signed by Speaker
03/04/2011Impact statement from VCSC (HB2063ER)
03/06/2011Signed by President
03/24/2011G Approved by Governor-Chapter 480 (effective 7/1/11)
03/24/2011G Acts of Assembly Chapter text (CHAP0480)
03/29/2011Impact 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.