Emergency order for adult protective services; acts of violence, etc., or financial exploitation. (SB1297)

Introduced By

Sen. Mark Obenshain (R-Harrisonburg) with support from co-patrons Sen. Monty Mason (D-Williamsburg), and Sen. Scott Surovell (D-Mount Vernon)

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 HB 2018. Read the Bill »

Status

08/05/2021: Awaiting a Vote in the Rehabilitation and Social Services Committee

History

DateAction
01/11/2021Prefiled and ordered printed; offered 01/13/21 21102422D
01/11/2021Referred to Committee on Rehabilitation and Social Services
01/22/2021Reported from Rehabilitation and Social Services (15-Y 0-N) (see vote tally)
01/25/2021Constitutional reading dispensed (39-Y 0-N) (see vote tally)
01/26/2021Read second time and engrossed
01/27/2021Read third time and passed Senate (39-Y 0-N) (see vote tally)
02/02/2021Placed on Calendar
02/02/2021Read first time
02/02/2021Referred to Committee for Courts of Justice
02/08/2021Continued to Special Session 1 in Courts of Justice
02/12/2021House committee, floor amendments and substitutes offered
02/12/2021Committee substitute printed 21200173D-H1
02/12/2021Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally)
02/16/2021Read second time
02/17/2021Read third time
02/17/2021Committee substitute agreed to 21200173D-H1
02/17/2021Engrossed by House - committee substitute SB1297H1
02/17/2021Passed House with substitute BLOCK VOTE (99-Y 0-N)
02/17/2021VOTE: Block Vote Passage (99-Y 0-N) (see vote tally)
02/19/2021House substitute agreed to by Senate (38-Y 0-N)
02/19/2021Title replaced 21200173D-H1
02/22/2021Impact statement from DPB (SB1297H1)
02/24/2021Enrolled
02/24/2021Bill text as passed Senate and House (SB1297ER)
02/24/2021Signed by President
02/25/2021Signed by Speaker
02/25/2021Impact statement from DPB (SB1297ER)
02/26/2021Enrolled Bill Communicated to Governor on February 26, 2021
02/26/2021G Governor's Action Deadline 11:59 p.m., March 31, 2021
03/18/2021G Approved by Governor-Chapter 208 (effective 7/1/21)
03/18/2021G Acts of Assembly Chapter text (CHAP0208)