Emergency order for adult protective services; acts of violence, etc., or financial exploitation. (HB2018)

Introduced By

Del. Mike Mullin (D-Newport News) with support from 12 copatrons, whose average partisan position is:

Those copatrons are Del. Dawn Adams (D-Richmond), Del. Hala Ayala (D-Woodbridge), Del. Lamont Bagby (D-Richmond), Del. Lee Carter (D-Manassas), Del. Patrick Hope (D-Arlington), Del. Chris Hurst (D-Blacksburg), Del. Sam Rasoul (D-Roanoke), Del. David Reid (D-Loudoun), Del. Ibraheem Samirah (D-Herndon), Del. Marcus Simon (D-Falls Church), Del. Shelly Simonds (D-Newport News), Del. Vivian Watts (D-Annandale)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Emergency order for adult protective services; acts of violence, force, or threat or financial exploitation; penalty. Allows the circuit court, upon a finding that an incapacitated adult has been, within a reasonable period of time, subjected to an act of violence, force, or threat or been subjected to financial exploitation, to include in an emergency order for adult protective services one or more of the following conditions to be imposed on the alleged perpetrator: (i) a prohibition on acts of violence, force, or threat or criminal offenses that may result in injury to person or property; (ii) a prohibition on such other contacts by the alleged perpetrator with the adult or the adult's family or household members as the court deems necessary for the health and safety of such persons; or (iii) such other conditions as the court deems necessary to prevent (a) acts of violence, force, or threat; (b) criminal offenses that may result in injury to persons or property; (c) communication or other contact of any kind by the alleged perpetrator; or (d) financial exploitation by the alleged perpetrator. The bill provides that any person who violates any such condition is guilty of a Class 1 misdemeanor. Also, the bill provides that hearings on emergency orders for adult protective services shall be held no earlier than 24 hours and no later than 72 hours after the notice required has been given, unless such notice has been waived by the court. Current law just requires such hearing be held no earlier than 24 hours. Lastly, the bill provides that if the court enters an order containing any of the aforementioned conditions, the primary law-enforcement agency providing service and entry of protective orders shall enter the name of the perpetrator into the Virginia Criminal Information Network and the order shall be served forthwith on the perpetrator. This bill is identical to SB 1297. Read the Bill »

Status

07/25/2021: Awaiting a Vote in the Judiciary Committee

History

DateAction
01/12/2021Prefiled and ordered printed; offered 01/13/21 21102761D
01/12/2021Referred to Committee for Courts of Justice
01/14/2021Assigned Courts sub: Criminal
01/20/2021House subcommittee amendments and substitutes offered
01/20/2021Subcommittee recommends reporting with substitute (7-Y 0-N)
01/22/2021Committee substitute printed 21103328D-H1
01/22/2021Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally)
01/25/2021Read first time
01/26/2021Read second time
01/26/2021Committee substitute agreed to 21103328D-H1
01/26/2021Engrossed by House - committee substitute HB2018H1
01/27/2021Read third time and passed House BLOCK VOTE (99-Y 0-N)
01/27/2021VOTE: Block Vote Passage (99-Y 0-N) (see vote tally)
01/28/2021Constitutional reading dispensed
01/28/2021Referred to Committee on the Judiciary
02/05/2021Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N) (see vote tally)
02/17/2021Reported from Judiciary (15-Y 0-N) (see vote tally)
02/19/2021Constitutional reading dispensed (32-Y 0-N)
02/22/2021Read third time
02/22/2021Passed Senate (39-Y 0-N)
02/22/2021Impact statement from DPB (HB2018H1)
02/25/2021Enrolled
02/25/2021Bill text as passed House and Senate (HB2018ER)
02/25/2021Signed by President
02/26/2021Signed by Speaker
02/26/2021Impact statement from DPB (HB2018ER)
03/01/2021Enrolled Bill communicated to Governor on March 1, 2021
03/01/2021G Governor's Action Deadline 11:59 p.m., March 31, 2021
03/18/2021G Approved by Governor-Chapter 207 (effective 7/1/21)
03/18/2021G Acts of Assembly Chapter text (CHAP0207)

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