VA SB1415 | 2021 | Regular Session

Status

Spectrum: Partisan Bill (Republican 1-0)
Status: Engrossed on February 3 2021 - 50% progression, died in chamber
Action: 2021-02-08 - Continued to Special Session 1 in Courts of Justice by voice vote
Text: Latest bill text (Engrossed) [HTML]

Summary

Violations of protective orders; preliminary child protective order. Changes the punishment and sentencing requirements for a violation of a preliminary child protective order so that the maximum penalty is a Class 1 misdemeanor and the court is no longer required to enter a permanent family abuse protective order (i.e., a protective order with a maximum duration of two years) upon a conviction of a violation of a preliminary child protective order. The bill provides that a violation of a preliminary child protective order is punishable as contempt of court; however, if the violation involves an act or acts of commission or omission that endanger the child's life, health, or normal development or result in bodily injury to the child, it is punishable as a Class 1 misdemeanor. Under current law, violations of preliminary child protective orders constitute contempt of court and are also subject to the same penalties as violations of preliminary, emergency, and permanent family abuse protective orders, including enhanced penalties for certain violations. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference. Violations of protective orders; preliminary child protective order. Changes the punishment and sentencing requirements for a violation of a preliminary child protective order so that the maximum penalty is a Class 1 misdemeanor and the court is no longer required to enter a permanent family abuse protective order (i.e., a protective order with a maximum duration of two years) upon a conviction of a violation of a preliminary child protective order. The bill provides that a violation of a preliminary child protective order is punishable as contempt of court; however, if the violation involves an act or acts of commission or omission that endanger the child's life, health, or normal development or result in bodily injury to the child, it is punishable as a Class 1 misdemeanor. Under current law, violations of preliminary child protective orders constitute contempt of court and are also subject to the same penalties as violations of preliminary, emergency, and permanent family abuse protective orders, including enhanced penalties for certain violations. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference.

Tracking Information

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Title

Protective orders; violations of preliminary child protective order, changes punishment, etc.

Sponsors


Roll Calls

2021-02-03 - Senate - Senate: Passed Senate (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-03 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-02 - Senate - Senate: Constitutional reading dispensed (36-Y 0-N) (Y: 36 N: 0 NV: 0 Abs: 3) [PASS]
2021-02-01 - Senate - Senate: Reported from Judiciary with amendments (13-Y 0-N) (Y: 13 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2021-02-08HouseContinued to Special Session 1 in Courts of Justice by voice vote
2021-02-05HouseReferred to Committee for Courts of Justice
2021-02-05HouseRead first time
2021-02-05HousePlaced on Calendar
2021-02-03SenatePassed Senate (39-Y 0-N)
2021-02-03SenateConstitutional reading dispensed (39-Y 0-N)
2021-02-03SenatePrinted as engrossed 21101189D-E
2021-02-03SenateEngrossed by Senate as amended SB1415E
2021-02-03SenateCommittee amendments agreed to
2021-02-03SenateReading of amendments waived
2021-02-03SenateRead second time
2021-02-02SenateConstitutional reading dispensed (36-Y 0-N)
2021-02-01SenateReported from Judiciary with amendments (13-Y 0-N)
2021-01-13SenateReferred to Committee on the Judiciary
2021-01-13SenatePrefiled and ordered printed; offered 01/13/21 21101189D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
161253(n/a)See Bill Text
161253.2(n/a)See Bill Text

Virginia State Sources


Bill Comments

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