Protective orders; issuance upon convictions for certain felonies, penalty. (HB1335)

Introduced By

Del. Jeff Bourne (D-Richmond) with support from co-patrons Del. Lamont Bagby (D-Richmond), Del. Ken Plum (D-Reston), and Del. Sam Rasoul (D-Roanoke)

Description

Protective orders; issuance upon convictions for certain felonies; penalty. Authorizes a court to issue a protective order upon convicting a defendant for a felony offense of (i) violating a protective order, (ii) homicide set forth in Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2, (iii) kidnapping set forth in Article 3 (§ 18.2-47 et seq.) of Chapter 4 of Title 18.2, (iv) assaults and bodily woundings set forth in Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2, (v) extortion set forth in Article 6 (§ 18.2-59 et seq.) of Chapter 4 of Title 18.2, or (vi) criminal sexual assault set forth in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2. The bill provides that the duration of such protective order can be for any period of time, including up to the lifetime of the defendant, that the court deems necessary to protect the health and safety of the victim and may only prohibit (a) acts of family abuse or of violence, force, or threat against the victim or criminal offenses that may result in injury to the person or property of the victim and (b) such contacts by the defendant with the victim as the court deems necessary for the health or safety of the victim. The bill provides that a violation of a protective order issued upon conviction of one of the enumerated offenses is punishable as contempt of court or in the same manner as criminal violations of other protective orders are punished. Read the Bill »

Outcome

History