SB 98 Interstate Enforcement of Domestic-Violence Protection Orders Act.
Janet D. Howell | all patrons    ...    notes
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Summary as introduced:
Uniform Interstate Enforcement of Domestic Violence Protection Orders Act. Furthers the "full faith and credit" provision of the Federal Violence Against Women Act of 1994 regarding protection orders issued by states to ensure that full faith and credit is effectively given to protection orders. The Uniform Interstate Enforcement of Domestic Violence Protection Orders Act was adopted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in August 2000. The act establishes a uniform system for the enforcement of domestic violence protection orders across state lines. The act defines the meaning of full faith and credit as it relates to the interstate enforcement of domestic violence protection orders and establishes uniform procedures for interstate enforcement. Courts must enforce the terms of valid protection orders of other states as if they were entered by the enforcing state, until the order expires. All terms of the order are to be enforced, even if the order provides for relief that would be unavailable under the laws of the enforcing state. Terms that concern custody and visitation matters are enforceable if issued for protection purposes and if the order meets the jurisdictional requirements of the enforcing state. Terms of the order made with respect to support are enforceable under the Uniform Interstate Family Support Act. A law-enforcement officer, upon finding probable cause that a valid order has been violated, must enforce the order as if it were an order of the enforcing state. Law-enforcement officers, governmental agencies, attorneys for the Commonwealth, clerks of court, and other officials are protected from civil and criminal liability for enforcement of a protection order in good faith. So far the act has been adopted by California, Indiana, Montana and Texas. It has been introduced in seven other states, including West Virginia and the District of Columbia.

Full text:
01/09/02  Senate: Presented & ordered printed, prefiled 01/07/02 024453238  pdf

Status:
01/09/02  Senate: Presented & ordered printed, prefiled 01/07/02 024453238
01/09/02  Senate: Referred to Committee for Courts of Justice
01/17/02  Senate: Assigned to C. J. sub-committee: 1
01/30/02  Senate: Continued to 2003 in Courts of Justice (15-Y 0-N)
12/09/02  Senate: Left in Courts of Justice