VA SB1297 | 2021 | 1st Special Session

Note: Carryover of previous SB1297

Status

Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: Passed on March 18 2021 - 100% progression
Action: 2021-03-18 - Governor: Acts of Assembly Chapter text (CHAP0208)
Text: Latest bill text (Chaptered) [HTML]

Summary

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.

Tracking Information

Register now for our free OneVote public service or GAITS Pro trial account and you can begin tracking this and other legislation, all driven by the real-time data of the LegiScan API. Providing tools allowing you to research pending legislation, stay informed with email alerts, content feeds, and share dynamic reports. Use our new PolitiCorps to join with friends and collegaues to monitor & discuss bills through the process.

Monitor Legislation or view this same bill number from multiple sessions or take advantage of our national legislative search.

Title

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

Sponsors


Roll Calls

2021-02-19 - Senate - Senate: House substitute agreed to by Senate (38-Y 0-N) (Y: 38 N: 0 NV: 0 Abs: 1) [PASS]
2021-02-17 - House - House: VOTE: Block Vote Passage (99-Y 0-N) (Y: 99 N: 0 NV: 0 Abs: 1) [PASS]
2021-02-12 - House - House: Reported from Courts of Justice with substitute (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2021-01-27 - Senate - Senate: Read third time and passed Senate (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-01-25 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-01-22 - Senate - Senate: Reported from Rehabilitation and Social Services (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2021-03-18 Governor: Acts of Assembly Chapter text (CHAP0208)
2021-03-18 Governor: Approved by Governor-Chapter 208 (effective 7/1/21)
2021-02-26 Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
2021-02-26SenateEnrolled Bill Communicated to Governor on February 26, 2021
2021-02-25HouseSigned by Speaker
2021-02-24SenateSigned by President
2021-02-24SenateBill text as passed Senate and House (SB1297ER)
2021-02-24SenateEnrolled
2021-02-19SenateTitle replaced 21200173D-H1
2021-02-19SenateHouse substitute agreed to by Senate (38-Y 0-N)
2021-02-17HouseVOTE: Block Vote Passage (99-Y 0-N)
2021-02-17HousePassed House with substitute BLOCK VOTE (99-Y 0-N)
2021-02-17HouseEngrossed by House - committee substitute SB1297H1
2021-02-17HouseCommittee substitute agreed to 21200173D-H1
2021-02-17HouseRead third time
2021-02-16HouseRead second time
2021-02-12HouseReported from Courts of Justice with substitute (22-Y 0-N)
2021-02-12HouseCommittee substitute printed 21200173D-H1
2021-02-08HouseContinued to Special Session 1 in Courts of Justice by voice vote
2021-02-02HouseReferred to Committee for Courts of Justice
2021-02-02HouseRead first time
2021-02-02HousePlaced on Calendar
2021-01-27SenateRead third time and passed Senate (39-Y 0-N)
2021-01-26SenateRead second time and engrossed
2021-01-25SenateConstitutional reading dispensed (39-Y 0-N)
2021-01-22SenateReported from Rehabilitation and Social Services (15-Y 0-N)
2021-01-11SenateReferred to Committee on Rehabilitation and Social Services
2021-01-11SenatePrefiled and ordered printed; offered 01/13/21 21102422D

Same As/Similar To

SB1297 (Carry Over) 2021-02-08 - Continued to Special Session 1 in Courts of Justice by voice vote
HB2018 (Same As) 2021-03-18 - Governor: Acts of Assembly Chapter text (CHAP0207)
HB2018 (Same As) 2021-03-18 - Governor: Acts of Assembly Chapter text (CHAP0207)

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
6321603(n/a)See Bill Text
6321609(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+sum+SB1297
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1297+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1297H1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1297ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0208+hil
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/21200173D.pdf
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+SB1297FH1122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+SB1297FER122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S09C0021+SB1297
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SC0100SB1297+SB1297
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SC0143SB1297+SB1297
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H08V0020+SB1297
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV1631+SB1297
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0189SB1297+SB1297

Bill Comments 750

feedback