Virginia House Bill 2018 (Prior Session Legislation)

---

Spectrum: Partisan Bill (Democrat 13-0)
Status: Engrossed on January 26 2021 - 50% progression, died in chamber
Action: 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
Text: Latest bill text (Comm Sub) [HTML]

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. 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.

Emergency order for adult protective services; acts of violence, etc., or financial exploitation.

Del. Michael Mullin [D]	Del. Dawn Adams [D]	Del. Hala Ayala [D]	Sen. Lamont Bagby [D]
Del. Lee Carter [D]	Del. Patrick Hope [D]	Del. Chris Hurst [D]	Del. Sam Rasoul [D]
Del. David Reid [D]	Del. Ibraheem Samirah [D]	Del. Marcus Simon [D]	Del. Shelly Simonds [D]
Del. Vivian Watts [D]

2021-02-05 - Senate - Senate: Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]
2021-01-27 - House - House: VOTE: Block Vote Passage (99-Y 0-N) (Y: 99 N: 0 NV: 0 Abs: 1) [PASS]
2021-01-22 - House - House: Reported from Courts of Justice with substitute (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2021-01-20 - House - House: Subcommittee recommends reporting with substitute (7-Y 0-N) (Y: 7 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2021-02-05	Senate	Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
2021-01-28	Senate	Referred to Committee on the Judiciary
2021-01-28	Senate	Constitutional reading dispensed
2021-01-27	House	VOTE: Block Vote Passage (99-Y 0-N)
2021-01-27	House	Read third time and passed House BLOCK VOTE (99-Y 0-N)
2021-01-26	House	Engrossed by House - committee substitute HB2018H1
2021-01-26	House	Committee substitute agreed to 21103328D-H1
2021-01-26	House	Read second time
2021-01-25	House	Read first time
2021-01-22	House	Reported from Courts of Justice with substitute (22-Y 0-N)
2021-01-22	House	Committee substitute printed 21103328D-H1
2021-01-20	House	Subcommittee recommends reporting with substitute (7-Y 0-N)
2021-01-14	House	Assigned Courts sub: Criminal
2021-01-12	House	Referred to Committee for Courts of Justice
2021-01-12	House	Prefiled and ordered printed; offered 01/13/21 21102761D

HB2018 (Carry Over) 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)

Chapter	Article	Section	Citation Type	Statute Text
63	2	1603	(n/a)	See Bill Text
63	2	1609	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB2018
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB2018+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB2018H1+hil
Amendment	https://committees.lis.virginia.gov/pdfs/drafts/21103328D.pdf
Amendment	https://committees.lis.virginia.gov/pdfs/21103328.pdf
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H0801V0016+HB2018
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H08V0094+HB2018
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+HV1181+HB2018
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+S03V0124+HB2018