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1998 SESSION
HB 583 Protective orders; family abuse or stalking.
Introduced by: Vivian E. Watts | all patrons ... notes | add to my profiles
SUMMARY:
Protective orders. Makes primarily technical changes in the provisions governing protective orders in cases of family abuse or stalking.
The provision governing expiration of an emergency order is clarified to ensure that the order remains effective beyond 72 hours only if the court is not in session at that time, and continues to be effective until 5 p.m. of the next day that the issuing court is in session.
Electronic transfer of information from the courts to VCIN is authorized, but not required.
A reference to the provisions governing return of service by a private process service is added to the section on preliminary protective orders.
Language is added to clarify that references in the statutes to service of a "copy" includes a facsimile copy.
The definition of "law-enforcement officer" is amended to include auxiliary police officers having the power of arrest.
The bill adds emergency protective orders issued in family abuse and stalking cases to the list of court-ordered prohibitions included in the criminal trespass statute.
Finally, the bill includes authority for law-enforcement officers to make a warrantless arrest in cases of brandishing a firearm. Because brandishing is a misdemeanor, a warrantless arrest under current law would require that the offense be committed in the officer's presence. In domestic violence situations, this would rarely be the case.
This bill is recommended by the Commission on Family Violence Prevention.
FULL TEXT
- 01/21/98 House: Presented & ordered printed 988381485 pdf
- 02/17/98 House: Printed as engrossed 988381485-E pdf
- 03/10/98 Senate: Floor substitute printed 988465739-S1 (Stolle) pdf
- 03/30/98 House: Bill text as passed House and Senate (HB583ER) pdf
- 05/01/98 Governor: Acts of Assembly Chapter text (CHAP0684) pdf
AMENDMENTS
HISTORY
- 01/21/98 House: Presented & ordered printed 988381485
- 01/21/98 House: Referred to Committee for Courts of Justice
- 01/26/98 House: Assigned to C. J. sub-committee: 3
- 02/17/98 House: Reported from C. J. with amendments (24-Y 0-N)
- 02/17/98 House: Read first time
- 02/17/98 House: Constitutional readings dispensed (Block Vote) (99-Y 0-N)
- 02/17/98 House: Committee amendments agreed to
- 02/17/98 House: Engrossed by House as amended
- 02/17/98 House: Printed as engrossed 988381485-E
- 02/17/98 House: Passed House (Block Vote) (98-Y 0-N)
- 02/17/98 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
- 02/17/98 House: Reconsideration of passage agreed to by House
- 02/17/98 House: Passed House (Block Vote) (99-Y 0-N)
- 02/17/98 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
- 02/17/98 House: Communicated to Senate
- 02/19/98 Senate: Constitutional reading dispensed
- 02/19/98 Senate: Referred to Committee for Courts of Justice
- 02/23/98 Senate: Assigned to C. J. sub-com: Criminal Law and Procedure
- 03/08/98 Senate: Reported from Courts of Justice w/amds. (13-Y 0-N)
- 03/09/98 Senate: Const. reading disp., passed by for the day (39-Y 0-N)
- 03/09/98 Senate: VOTE: (39-Y 0-N)
- 03/10/98 Senate: Read third time
- 03/10/98 Senate: Reading of amendments waived
- 03/10/98 Senate: Committee amendments rejected
- 03/10/98 Senate: Reading of substitute waived
- 03/10/98 Senate: Substitute by Sen. Stolle agreed to 988465739-S1
- 03/10/98 Senate: Floor substitute printed 988465739-S1 (Stolle)
- 03/10/98 Senate: Engrossed by Senate - fl. sub. 988465739-S1
- 03/10/98 Senate: Passed Senate with substitute (38-Y 1-N)
- 03/10/98 Senate: VOTE: PASSAGE R (38-Y 1-N)
- 03/11/98 House: Placed on Calendar
- 03/12/98 House: Senate substitute agreed to by House (100-Y 0-N)
- 03/12/98 House: VOTE: ADOPTION (100-Y 0-N)
- 03/30/98 House: Bill text as passed House and Senate (HB583ER)
- 04/06/98 House: Enrolled
- 04/06/98 House: Signed by Speaker
- 04/08/98 Senate: Signed by President
- 04/16/98 Governor: Approved by Governor-Chapter 684 (effective 7/1/98)
- 05/01/98 Governor: Acts of Assembly Chapter text (CHAP0684)