SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1995 SESSION

LD0648492
HOUSE BILL NO. 470
Offered January 24, 1994
A BILL to amend and reenact §§ 16.1-279.1 and 18.2-60.3 of the Code of Virginia, relating to stalking.
----------
Patrons--Woodrum, Cranwell, Croshaw and Jackson
----------
Referred to Committee for Courts of Justice
----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 16.1-279.1 and 18.2-60.3 of the Code of Virginia is amended and reenacted as follows:

§ 16.1-279.1. Order of protection in cases of family abuse.

A. In cases of family abuse, the court may issue an order of protection to protect the health and safety of the petitioner and to effect the rehabilitation of the abusing person and reconciliation of the parties as the court deems appropriate. An order of protection issued under this section may include any one or more of the following conditions to be imposed on the abusing person:

1. Prohibition of further acts of family abuse;

2. Prohibition of such contacts between the parties as the court deems appropriate;

3. Granting the petitioner possession of the residence occupied by the parties to the exclusion of the abusing person; however, no such grant of possession shall affect title to any real or personal property;

4. Requiring that the abusing person provide suitable alternative housing for the petitioner, and, if appropriate, any other family or household member;

5. Ordering the petitioner, with his or her consent, or the abusing person to participate in treatment, counseling or other programs designed for the rehabilitation and reconciliation of the parties; and

6. Any other relief necessary for the protection of the petitioner and minor children.

B. The order of protection shall be issued for a specified period not to exceed one year unless issued pursuant to § 18.2-60.3. Either party may at any time file a written motion with the court requesting a hearing to dissolve or modify the order.

C. Any violation of an order of protection issued under this section shall constitute contempt of court.

D. The court may assess costs and attorneys' fees against either party regardless of whether an order of protection has been issued as a result of a full hearing.

§ 18.2-60.3. Stalking; penalty.

A. Any person who on more than one occasion engages in conduct with the intent to cause, or with knowledge or belief that the conduct is causing, has caused or will cause, emotional distress to another person by placing that person or to a member of that other person's family or household, or with the intent to place, or with the knowledge or belief that the conduct is placing, has placed or will place another person or a member of that other person's family or household in reasonable fear of death or bodily injury shall be guilty of a Class 2 misdemeanor. For the purposes of this section, a member of a person's "family or household" has the meaning set forth for "family or household member" in § 16.1-228.

B. Any person who violates subsection A when there is a protective order or an injunction in effect prohibiting family abuse, as defined in § 16.1-228, against the individual who is the victim of the conduct described in subsection A, or prohibiting contact between the person and that same individual or a member of that individual's family or household, shall be guilty of a Class 1 misdemeanor.

C. A second conviction occurring within five years of a first conviction for an offense under this section or for a similar offense under the law of any other jurisdiction shall be a Class 1 misdemeanor. A third conviction occurring within five years of a conviction for an offense under this section or for a similar offense under the law of any other jurisdiction shall be a Class 6 felony.

D. A person may be convicted under this section irrespective of the jurisdiction or jurisdictions within the Commonwealth wherein the conduct described in subsection A occurred, if the person engaged in that conduct on at least one occasion in the jurisdiction where the person is tried.

E. Upon finding a person guilty under this section, the court shall issue a permanent protective order pursuant to § 16.1-279.1, or an injunction, ordering the person not to contact or have contact with the individual at whom the person's conduct described in subsection A was directed or with any member of that individual's family or household. If the person was convicted in the district court, a copy of that order shall be forwarded to the circuit court of the jurisdiction, which shall hold a hearing to determine what, if any, other conditions should be imposed on the convicted person pursuant to that protective order or injunction.

F. Any person convicted of a misdemeanor or felony offense under this section shall be required to provide a blood sample for DNA (deoxyribonucleic acid) analysis pursuant to the procedures set forth in §19.2-310.2.