VA SB1222 | 2011 | Regular Session

Status

Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: Passed on March 24 2011 - 100% progression
Action: 2011-03-24 - Governor: Acts of Assembly Chapter text (CHAP0445)
Text: Latest bill text (Chaptered) [HTML]

Summary

Protective orders; availability; penalty. Renames "protective orders for stalking" as "protective orders" and expands the class of persons that is eligible to obtain a protective order by enlarging the types of conduct that permit the issuance of a protective order from certain specified criminal acts to any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury. Such protective orders are available based on such conduct, regardless of the relationship of the parties involved. The bill also makes several amendments to make protective orders and family abuse protective orders more consistent, including amending the definition of "family abuse" to be consistent with the conduct that would allow for the issuance of a "protective order" and providing that a family abuse protective order may include a condition prohibiting the allegedly abusing person from committing a criminal offense that results in injury to person or property. 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.

Tracking Information

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Title

Protective orders; expands class of persons eligible to obtain.

Sponsors


Roll Calls

2011-02-26 - House - House: VOTE: ADOPTION (92-Y 0-N) (Y: 94 N: 0 NV: 7 Abs: 0) [PASS]
2011-02-26 - Senate - Senate: Conference report agreed to by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2011-02-23 - Senate - Senate: Senate acceded to request (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2011-02-18 - Senate - Senate: House substitute rejected by Senate (1-Y 39-N) (Y: 1 N: 39 NV: 0 Abs: 0) [FAIL]
2011-02-16 - House - House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N) (Y: 99 N: 0 NV: 2 Abs: 0) [PASS]
2011-02-11 - House - House: Reported from Courts of Justice with substitute (19-Y 0-N) (Y: 20 N: 0 NV: 3 Abs: 0) [PASS]
2011-02-04 - Senate - Senate: Read third time and passed Senate (37-Y 0-N) (Y: 37 N: 0 NV: 3 Abs: 0) [PASS]
2011-02-02 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2011-02-01 - Senate - Senate: Reported from Finance (13-Y 0-N) (Y: 13 N: 0 NV: 0 Abs: 0) [PASS]
2011-01-26 - Senate - Senate: Reported from Courts of Justice with substitute (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2011-03-24 Governor: Acts of Assembly Chapter text (CHAP0445)
2011-03-24 Governor: Approved by Governor-Chapter 445 (effective 7/1/11)
2011-03-06 Senate: Signed by President
2011-03-03 House: Signed by Speaker
2011-03-03 Senate: Bill text as passed Senate and House (SB1222ER)
2011-03-03 Senate: Enrolled
2011-02-26 House: VOTE: ADOPTION (92-Y 0-N)
2011-02-26 House: Conference report agreed to by House (92-Y 0-N)
2011-02-26 Senate: Conference report agreed to by Senate (40-Y 0-N)
2011-02-26 Senate: Conference substitute printed 11105585D-S2
2011-02-24 House: Delegates: Gilbert, Bell, R.B., Torian
2011-02-24 House: Conferees appointed by House
2011-02-23 Senate: Senators: Barker, Deeds, Obenshain
2011-02-23 Senate: Conferees appointed by Senate
2011-02-23 Senate: Senate acceded to request (40-Y 0-N)
2011-02-21 House: House requested conference committee
2011-02-21 House: House insisted on substitute
2011-02-18 Senate: House substitute rejected by Senate (1-Y 39-N)
2011-02-16 House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
2011-02-16 House: Passed House with substitute BLOCK VOTE (97-Y 0-N)
2011-02-16 House: Engrossed by House - committee substitute SB1222H1
2011-02-16 House: Committee substitute agreed to 11105271D-H1
2011-02-16 House: Read third time
2011-02-15 House: Read second time
2011-02-11 House: Committee substitute printed 11105271D-H1
2011-02-11 House: Reported from Courts of Justice with substitute (19-Y 0-N)
2011-02-08 House: Referred to Committee for Courts of Justice
2011-02-08 House: Read first time
2011-02-08 House: Placed on Calendar
2011-02-04 Senate: Read third time and passed Senate (37-Y 0-N)
2011-02-03 Senate: Engrossed by Senate - committee substitute SB1222S1
2011-02-03 Senate: Committee substitute agreed to 11104515D-S1
2011-02-03 Senate: Reading of substitute waived
2011-02-03 Senate: Read second time
2011-02-02 Senate: Constitutional reading dispensed (40-Y 0-N)
2011-02-01 Senate: Reported from Finance (13-Y 0-N)
2011-01-26 Senate: Rereferred to Finance
2011-01-26 Senate: Incorporates SB877
2011-01-26 Senate: Incorporates SB1364
2011-01-26 Senate: Incorporates SB1091
2011-01-26 Senate: Committee substitute printed 11104515D-S1
2011-01-26 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
2011-01-18 Senate: Assigned Courts sub: Criminal
2011-01-12 Senate: Referred to Committee for Courts of Justice
2011-01-12 Senate: Prefiled and ordered printed; offered 01/12/11 11101445D

Same As/Similar To

HB2063 (Same As) 2011-03-24 - Governor: Acts of Assembly Chapter text (CHAP0480)
SB877 (Similar To) 2011-01-26 - Senate: Incorporated by Courts of Justice (SB1222-Barker) (15-Y 0-N)
SB1091 (Similar To) 2011-01-26 - Senate: Incorporated by Courts of Justice (SB1222-Barker) (15-Y 0-N)
SB1364 (Similar To) 2011-01-26 - Senate: Incorporated by Courts of Justice (SB1222-Barker) (15-Y 0-N)

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
192152.10(n/a)See Bill Text
192152.8(n/a)See Bill Text
192152.9(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?111+sum+SB1222
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+SB1222+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+SB1222S1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+SB1222H1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+SB1222S2+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+SB1222ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0445+hil
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?111+vot+S03V0086+SB1222
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?111+vot+S05V0093+SB1222
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?111+vot+SV0194SB1222+SB1222
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?111+vot+SV0223SB1222+SB1222
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?111+vot+H08V0826+SB1222
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?111+vot+HV0958+SB1222
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?111+vot+SV0517SB1222+SB1222
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?111+vot+SV0671SB1222+SB1222
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?111+vot+SV0815SB1222+SB1222
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?111+vot+HV1537+SB1222

Bill Comments

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