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1997 SESSION
HB 2071 Protective orders.
Introduced by: Vivian E. Watts | all patrons ... notes | add to my profiles
SUMMARY:
Protective orders. Makes primarily technical changes in the bill enacted last year to become effective July 1, 1997. The changes (i) require that identifying information be entered into the Virginia criminal information system as soon as practicable after issuance of a preliminary protective order, (ii) clarify the authority of a law-enforcement officer to request an emergency protective order orally or by electronic means and of the court to issue an oral order, (iii) allow for issuance of an emergency order upon evidence that a warrant for assault and battery against a family member has been issued and future harm is probable (currently an emergency order may be issued only upon evidence of family abuse and probable danger of further abuse), and (iv) simplify and clarify the authority of police to arrest without a warrant in cases of domestic assault or abuse.
This bill also addresses an apparent conflict between Chapters 900 and 945 of the 1996 Session by removing the requirement that an affidavit be filed with a foreign protective order as a condition for enforcement. Chapter 900 required the filing of an affidavit but Chapter 945 did not. It was thought at the time that the later enactment (Ch. 945) would control, but because technically there was no conflict between the two bills, the Code Commission gave effect to Chapter 900. This bill is recommended by the Commission on Family Violence Prevention.
FULL TEXT
- 01/14/97 House: Presented & ordered printed 971536833 pdf
- 01/24/97 House: Committee substitute printed 971610485-H1 pdf
- 02/17/97 Senate: Committee substitute printed 971632485-S1 pdf
- 02/28/97 House: Bill text as passed House and Senate (HB2071ER) pdf
- 03/21/97 Governor: Acts of Assembly Chapter text (CHAP0603) pdf
HISTORY
- 01/14/97 House: Presented & ordered printed 971536833
- 01/14/97 House: Referred to Committee for Courts of Justice
- 01/16/97 House: Assigned to C. J. sub-committee: 3
- 01/24/97 House: Reported from C. J. with substitute (21-Y 1-N)
- 01/24/97 House: Committee substitute printed 971610485-H1
- 01/27/97 House: Read first time
- 01/28/97 House: Read second time
- 01/28/97 House: Committee substitute agreed to 971610485-H1
- 01/28/97 House: Engrossed by House - com. sub. 971610485-H1
- 01/29/97 House: Read third time and passed House (99-Y 0-N)
- 01/29/97 House: VOTE: PASSAGE (99-Y 0-N)
- 01/29/97 House: Communicated to Senate
- 01/30/97 Senate: Constitutional reading dispensed (37-Y 2-N)
- 01/30/97 Senate: Referred to Committee for Courts of Justice
- 02/10/97 Senate: Reported from Courts of Justice w/sub. (15-Y 0-N)
- 02/10/97 Senate: Rereferred to Finance
- 02/13/97 Senate: Reported from Finance (17-Y 0-N)
- 02/14/97 Senate: Const. reading disp., passed by for the day (39-Y 0-N)
- 02/14/97 Senate: VOTE: CONST. READING DISPENSED (39-Y 0-N)
- 02/17/97 Senate: Committee substitute printed 971632485-S1
- 02/17/97 Senate: Passed by for the day
- 02/18/97 Senate: Read third time
- 02/18/97 Senate: Reading of substitute waived
- 02/18/97 Senate: Committee substitute agreed to 971632485-S1
- 02/18/97 Senate: Engrossed by Senate - comm. sub. 971632485-S1
- 02/18/97 Senate: Passed Senate with substitute (40-Y 0-N)
- 02/18/97 Senate: VOTE: PASSAGE (40-Y 0-N)
- 02/19/97 House: Placed on Calendar
- 02/20/97 House: Senate substitute agreed to by House (99-Y 0-N)
- 02/20/97 House: VOTE: ADOPTION (99-Y 0-N)
- 02/28/97 House: Bill text as passed House and Senate (HB2071ER)
- 03/07/97 House: Enrolled
- 03/07/97 House: Signed by Speaker
- 03/08/97 Senate: Signed by President
- 03/20/97 Governor: Approved by Governor-Chapter 603 (effective 7/1/97)
- 03/21/97 Governor: Acts of Assembly Chapter text (CHAP0603)