HB 2248 Sexual crimes against spouses; changes in provisions.
Robert B. Bell | all patrons    ...    notes
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Summary as passed: (all summaries)
Sexual crimes.  Eliminates in the rape, forcible sodomy and object sexual penetration statutes the different standard that defines the offense if the victim and perpetrator are married to each other. This includes removing from the forcible sodomy and object sexual penetration statutes the provision that such crimes cannot be committed against a spouse unless the spouses were living separate and apart or there was bodily injury caused by force or violence, as the 2002 General Assembly did in the rape statute. Because of the equalization of the elements of the offense in the rape, forcible sodomy and object sexual penetration statutes, the marital sexual assault statute is repealed. The bill retains the provisions that allow for counseling and therapy, and allows discharge and dismissal if there has not been a previous discharge and dismissal under the statute.

Full text:
01/11/05  House: Prefiled & ordered printed; offered 01/12/05 057252232  pdf | impact statement
02/07/05  House: Floor substitute printed 055558416-H1 (Melvin)  pdf | impact statement
02/17/05  Senate: Committee substitute printed 055564232-S1  pdf | impact statement
03/07/05  House: Bill text as passed House and Senate (HB2248ER)  pdf | impact statement
04/01/05  Governor: Acts of Assembly Chapter text (CHAP0631)  pdf

Amendments:
House amendments

Status:
01/11/05  House: Prefiled & ordered printed; offered 01/12/05 057252232
01/11/05  House: Referred to Committee for Courts of Justice
01/28/05  House: Reported from C. J. with amendments (18-Y 1-N)
01/28/05  House: Referred to Committee on Appropriations
02/01/05  House: Assigned to App. sub-committee: Public Safety
02/03/05  House: Reported from Appropriations with amds (20-Y 0-N)
02/05/05  House: Read first time
02/07/05  House: Read second time
02/07/05  House: No action taken on Committee amendments
02/07/05  House: Floor substitute printed 055558416-H1 (Melvin)
02/07/05  House: Substitute by Del. Melvin agreed to 055558416-H1
02/07/05  House: Engrossed by House - floor substitute HB2248H1
02/08/05  House: Read third time and passed House (98-Y 0-N)
02/08/05  House: VOTE: PASSAGE (98-Y 0-N)
02/08/05  House: Communicated to Senate
02/09/05  Senate: Constitutional reading dispensed
02/09/05  Senate: Referred to Committee for Courts of Justice
02/16/05  Senate: Reported from Courts of Justice w/sub (14-Y 0-N)
02/17/05  Senate: Committee substitute printed 055564232-S1
02/18/05  Senate: Constitutional reading dispensed (38-Y 0-N)
02/18/05  Senate: VOTE: CONST. RDG. DISPENSED R (38-Y 0-N)
02/21/05  Senate: Read third time
02/21/05  Senate: Reading of substitute waived
02/21/05  Senate: Committee substitute agreed to 055564232-S1
02/21/05  Senate: Engrossed by Senate - committee substitute HB2248S1
02/21/05  Senate: Passed Senate with substitute (40-Y 0-N)
02/21/05  Senate: VOTE: PASSAGE R (40-Y 0-N)
02/22/05  House: Placed on Calendar
02/23/05  House: Senate substitute agreed to by House (97-Y 0-N)
02/23/05  House: VOTE: ADOPTION (97-Y 0-N)
03/07/05  House: Bill text as passed House and Senate (HB2248ER)
03/09/05  House: Enrolled
03/09/05  House: Signed by Speaker
03/11/05  Senate: Signed by President
03/23/05  Governor: Approved by Governor-Chapter 631 (effective 7/1/05)
04/01/05  Governor: Acts of Assembly Chapter text (CHAP0631)