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2021 SPECIAL SESSION I
SB 1297 Emergency order for adult protective services; acts of violence, etc., or financial exploitation.
Introduced by: Mark D. Obenshain | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Emergency order for adult protective services; acts of violence, force, or threat or financial exploitation; penalty. Allows the circuit court, upon a finding that an incapacitated adult has been, within a reasonable period of time, subjected to an act of violence, force, or threat or been subjected to financial exploitation, to include in an emergency order for adult protective services one or more of the following conditions to be imposed on the alleged perpetrator: (i) a prohibition on acts of violence, force, or threat or criminal offenses that may result in injury to person or property; (ii) a prohibition on such other contacts by the alleged perpetrator with the adult or the adult's family or household members as the court deems necessary for the health and safety of such persons; or (iii) such other conditions as the court deems necessary to prevent (a) acts of violence, force, or threat; (b) criminal offenses that may result in injury to persons or property; (c) communication or other contact of any kind by the alleged perpetrator; or (d) financial exploitation by the alleged perpetrator. The bill provides that any person who violates any such condition is guilty of a Class 1 misdemeanor. Also, the bill provides that hearings on emergency orders for adult protective services shall be held no earlier than 24 hours and no later than 72 hours after the notice required has been given, unless such notice has been waived by the court. Current law just requires such hearing be held no earlier than 24 hours. Lastly, the bill provides that if the court enters an order containing any of the aforementioned conditions, the primary law-enforcement agency providing service and entry of protective orders shall enter the name of the perpetrator into the Virginia Criminal Information Network and the order shall be served forthwith on the perpetrator. This bill is identical to HB 2018.
FULL TEXT
- 01/11/21 Senate: Prefiled and ordered printed; offered 01/13/21 21102422D pdf
- 02/12/21 House: Committee substitute printed 21200173D-H1 pdf | impact statement
- 02/24/21 Senate: Bill text as passed Senate and House (SB1297ER) pdf | impact statement
- 03/18/21 Governor: Acts of Assembly Chapter text (CHAP0208) pdf
AMENDMENTS
HISTORY
- 01/11/21 Senate: Prefiled and ordered printed; offered 01/13/21 21102422D
- 01/11/21 Senate: Referred to Committee on Rehabilitation and Social Services
- 01/22/21 Senate: Reported from Rehabilitation and Social Services (15-Y 0-N)
- 01/25/21 Senate: Constitutional reading dispensed (39-Y 0-N)
- 01/26/21 Senate: Read second time and engrossed
- 01/27/21 Senate: Read third time and passed Senate (39-Y 0-N)
- 02/02/21 House: Placed on Calendar
- 02/02/21 House: Read first time
- 02/02/21 House: Referred to Committee for Courts of Justice
- 02/08/21 House: Continued to Special Session 1 in Courts of Justice by voice vote
- 02/12/21 House: Committee substitute printed 21200173D-H1
- 02/12/21 House: Reported from Courts of Justice with substitute (22-Y 0-N)
- 02/16/21 House: Read second time
- 02/17/21 House: Read third time
- 02/17/21 House: Committee substitute agreed to 21200173D-H1
- 02/17/21 House: Engrossed by House - committee substitute SB1297H1
- 02/17/21 House: Passed House with substitute BLOCK VOTE (99-Y 0-N)
- 02/17/21 House: VOTE: Block Vote Passage (99-Y 0-N)
- 02/19/21 Senate: House substitute agreed to by Senate (38-Y 0-N)
- 02/19/21 Senate: Title replaced 21200173D-H1
- 02/24/21 Senate: Enrolled
- 02/24/21 Senate: Bill text as passed Senate and House (SB1297ER)
- 02/24/21 Senate: Signed by President
- 02/25/21 House: Signed by Speaker
- 02/26/21 Senate: Enrolled Bill Communicated to Governor on February 26, 2021
- 02/26/21 Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
- 03/18/21 Governor: Approved by Governor-Chapter 208 (effective 7/1/21)
- 03/18/21 Governor: Acts of Assembly Chapter text (CHAP0208)