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2009 SESSION

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HB 1857 Protective orders; issuance upon conviction in cases of family abuse.

Introduced by: Stephen C. Shannon | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Protective orders; issuance to incarcerated persons. Provides that a court may issue a preliminary protective order upon a showing by the petitioner that (i) the allegedly abusing person is incarcerated and is to be released from incarceration within 30 days following the petition or has been released from incarceration within 30 days prior to the petition, (ii) the crime for which the allegedly abusing person was convicted and incarcerated involved family abuse against the petitioner, and (iii) the allegedly abusing person has made threatening contact with the petitioner while he was incarcerated, exhibiting a renewed threat to the petitioner of family abuse. If an incarcerated defendant is personally served and not transported to the hearing, the court may extend the protective order for a period not to exceed six months. If a preliminary protective order is issued the court may issue a permanent (two-year) protective order.

SUMMARY AS PASSED HOUSE:

Protective orders; issuance to incarcerated persons. Provides that a court may issue a preliminary protective order upon a showing by the petitioner that (i) the allegedly abusing person is incarcerated and is to be released from incarceration within 30 days following the petition or has been released from incarceration within 30 days prior to the petition, (ii) the crime for which the allegedly abusing person was convicted and incarcerated involved family abuse against the petitioner, and (iii) the allegedly abusing person has made or attempted to make some unwanted, threatening or offensive contact with the petitioner while he was incarcerated, exhibiting a renewed threat to the petitioner of family abuse. If a preliminary protective order is issued the court may issue a permanent (two-year) protective order.

SUMMARY AS INTRODUCED:

Protective orders; issuance upon conviction for certain crimes.  Provides that a court shall issue a protective order for the benefit of a petitioner upon the conviction of a person for a criminal offense resulting in a serious bodily injury to the petitioner, for stalking, or for a violation of the terms of a previously issued protective order. The bill further provides that any period of time for which the person is confined to a state or local correctional facility for the conviction of the crime which required the issuance of the protective order shall not be included in calculating the duration of the protective order.