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2005 SESSION
HB 2248 Sexual crimes against spouses; changes in provisions.
Introduced by: Robert B. Bell | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Sexual crimes. Eliminates in the rape, forcible sodomy and object sexual penetration statutes the different standard that defines the offense if the victim and perpetrator are married to each other. This includes removing from the forcible sodomy and object sexual penetration statutes the provision that such crimes cannot be committed against a spouse unless the spouses were living separate and apart or there was bodily injury caused by force or violence, as the 2002 General Assembly did in the rape statute. Because of the equalization of the elements of the offense in the rape, forcible sodomy and object sexual penetration statutes, the marital sexual assault statute is repealed. The bill retains the provisions that allow for counseling and therapy, and allows discharge and dismissal if there has not been a previous discharge and dismissal under the statute.
FULL TEXT
- 01/11/05 House: Prefiled & ordered printed; offered 01/12/05 057252232 pdf | impact statement
- 02/07/05 House: Floor substitute printed 055558416-H1 (Melvin) pdf | impact statement
- 02/17/05 Senate: Committee substitute printed 055564232-S1 pdf | impact statement
- 03/07/05 House: Bill text as passed House and Senate (HB2248ER) pdf | impact statement
- 04/01/05 Governor: Acts of Assembly Chapter text (CHAP0631) pdf
AMENDMENTS
HISTORY
- 01/11/05 House: Prefiled & ordered printed; offered 01/12/05 057252232
- 01/11/05 House: Referred to Committee for Courts of Justice
- 01/28/05 House: Reported from C. J. with amendments (18-Y 1-N)
- 01/28/05 House: Referred to Committee on Appropriations
- 02/01/05 House: Assigned to App. sub-committee: Public Safety
- 02/03/05 House: Reported from Appropriations with amds (20-Y 0-N)
- 02/05/05 House: Read first time
- 02/07/05 House: Read second time
- 02/07/05 House: No action taken on Committee amendments
- 02/07/05 House: Floor substitute printed 055558416-H1 (Melvin)
- 02/07/05 House: Substitute by Del. Melvin agreed to 055558416-H1
- 02/07/05 House: Engrossed by House - floor substitute HB2248H1
- 02/08/05 House: Read third time and passed House (98-Y 0-N)
- 02/08/05 House: VOTE: PASSAGE (98-Y 0-N)
- 02/08/05 House: Communicated to Senate
- 02/09/05 Senate: Constitutional reading dispensed
- 02/09/05 Senate: Referred to Committee for Courts of Justice
- 02/16/05 Senate: Reported from Courts of Justice w/sub (14-Y 0-N)
- 02/17/05 Senate: Committee substitute printed 055564232-S1
- 02/18/05 Senate: Constitutional reading dispensed (38-Y 0-N)
- 02/18/05 Senate: VOTE: CONST. RDG. DISPENSED R (38-Y 0-N)
- 02/21/05 Senate: Read third time
- 02/21/05 Senate: Reading of substitute waived
- 02/21/05 Senate: Committee substitute agreed to 055564232-S1
- 02/21/05 Senate: Engrossed by Senate - committee substitute HB2248S1
- 02/21/05 Senate: Passed Senate with substitute (40-Y 0-N)
- 02/21/05 Senate: VOTE: PASSAGE R (40-Y 0-N)
- 02/22/05 House: Placed on Calendar
- 02/23/05 House: Senate substitute agreed to by House (97-Y 0-N)
- 02/23/05 House: VOTE: ADOPTION (97-Y 0-N)
- 03/07/05 House: Bill text as passed House and Senate (HB2248ER)
- 03/09/05 House: Enrolled
- 03/09/05 House: Signed by Speaker
- 03/11/05 Senate: Signed by President
- 03/23/05 Governor: Approved by Governor-Chapter 631 (effective 7/1/05)
- 04/01/05 Governor: Acts of Assembly Chapter text (CHAP0631)