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2011 SESSION
SB 1222 Protective orders; expands class of persons eligible to obtain.
Introduced by: George L. Barker | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
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. This bill incorporates SB 877, SB 1091 and SB 1364. This bill is identical to HB 2063.
FULL TEXT
- 01/12/11 Senate: Prefiled and ordered printed; offered 01/12/11 11101445D pdf | impact statement
- 01/26/11 Senate: Committee substitute printed 11104515D-S1 pdf | impact statement
- 02/11/11 House: Committee substitute printed 11105271D-H1 pdf | impact statement
- 02/26/11 Senate: Conference substitute printed 11105585D-S2 pdf | impact statement
- 03/03/11 Senate: Bill text as passed Senate and House (SB1222ER) pdf | impact statements
- 03/24/11 Governor: Acts of Assembly Chapter text (CHAP0445) pdf
AMENDMENTS
HISTORY
- 01/12/11 Senate: Prefiled and ordered printed; offered 01/12/11 11101445D
- 01/12/11 Senate: Referred to Committee for Courts of Justice
- 01/18/11 Senate: Assigned Courts sub: Criminal
- 01/26/11 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
- 01/26/11 Senate: Committee substitute printed 11104515D-S1
- 01/26/11 Senate: Incorporates SB1091
- 01/26/11 Senate: Incorporates SB1364
- 01/26/11 Senate: Incorporates SB877
- 01/26/11 Senate: Rereferred to Finance
- 02/01/11 Senate: Reported from Finance (13-Y 0-N)
- 02/02/11 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/03/11 Senate: Read second time
- 02/03/11 Senate: Reading of substitute waived
- 02/03/11 Senate: Committee substitute agreed to 11104515D-S1
- 02/03/11 Senate: Engrossed by Senate - committee substitute SB1222S1
- 02/04/11 Senate: Read third time and passed Senate (37-Y 0-N)
- 02/08/11 House: Placed on Calendar
- 02/08/11 House: Read first time
- 02/08/11 House: Referred to Committee for Courts of Justice
- 02/11/11 House: Reported from Courts of Justice with substitute (19-Y 0-N)
- 02/11/11 House: Committee substitute printed 11105271D-H1
- 02/15/11 House: Read second time
- 02/16/11 House: Read third time
- 02/16/11 House: Committee substitute agreed to 11105271D-H1
- 02/16/11 House: Engrossed by House - committee substitute SB1222H1
- 02/16/11 House: Passed House with substitute BLOCK VOTE (97-Y 0-N)
- 02/16/11 House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
- 02/18/11 Senate: House substitute rejected by Senate (1-Y 39-N)
- 02/21/11 House: House insisted on substitute
- 02/21/11 House: House requested conference committee
- 02/23/11 Senate: Senate acceded to request (40-Y 0-N)
- 02/23/11 Senate: Conferees appointed by Senate
- 02/23/11 Senate: Senators: Barker, Deeds, Obenshain
- 02/24/11 House: Conferees appointed by House
- 02/24/11 House: Delegates: Gilbert, Bell, R.B., Torian
- 02/26/11 Senate: Conference substitute printed 11105585D-S2
- 02/26/11 Senate: Conference report agreed to by Senate (40-Y 0-N)
- 02/26/11 House: Conference report agreed to by House (92-Y 0-N)
- 02/26/11 House: VOTE: ADOPTION (92-Y 0-N)
- 03/03/11 Senate: Enrolled
- 03/03/11 Senate: Bill text as passed Senate and House (SB1222ER)
- 03/03/11 House: Signed by Speaker
- 03/06/11 Senate: Signed by President
- 03/24/11 Governor: Approved by Governor-Chapter 445 (effective 7/1/11)
- 03/24/11 Governor: Acts of Assembly Chapter text (CHAP0445)