HB 2063 Protective orders; expands class of persons eligible to obtain.
Robert B. Bell | all patrons    ...    notes
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Summary as passed: (all summaries)
Protective orders; availability; penalty.  Renames "protective orders for stalking" as "protective orders" and expands the class of persons that is eligible to obtain a protective order by enlarging the types of conduct that permit the issuance of a protective order from certain specified criminal acts to any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury. Such protective orders are available based on such conduct, regardless of the relationship of the parties involved. The bill also makes several amendments to make protective orders and family abuse protective orders more consistent, including amending the definition of “family abuse” to be consistent with the conduct that would allow for the issuance of a “protective order” and providing that a family abuse protective order may include a condition prohibiting the allegedly abusing person from committing a criminal offense that results in injury to person or property. The bill also makes the penalties for violating a protective order consistent with the penalties for violating a family abuse protective order: (i) any person convicted of a second violation of a protective order, when the offense is committed within five years of a conviction for a prior offense and when either the instant or prior offense was based on an act or threat of violence, shall be sentenced to a mandatory minimum term of confinement of 60 days; (ii) any person convicted of a third or subsequent offense, when such offense is committed within 20 years of the first conviction and when either the instant or any of the prior offenses was based on an act or threat of violence, is guilty of a Class 6 felony and punishment shall include a mandatory minimum term of confinement of six months; (iii) any person who commits an assault and battery resulting in serious bodily injury upon a person protected by a protective order is guilty of a Class 6 felony; and (iv) any person who violates a protective order by furtively entering the home of the protected party while such party is present or enters and remains in such home until the protected party arrives is guilty of a Class 6 felony. This bill incorporates HB 1716, HB 1876, HB 2340, and HB 2422. This bill is identical to SB 1222.

Full text:
01/11/11  House: Prefiled and ordered printed; offered 01/12/11 11102344D  pdf | impact statement
02/04/11  House: Committee substitute printed 11105159D-H1  pdf | impact statement
02/14/11  Senate: Committee substitute printed 11105341D-S1  pdf | impact statement
02/26/11  House: Conference substitute printed 11105578D-H2  pdf | impact statement
03/03/11  House: Bill text as passed House and Senate (HB2063ER)  pdf | impact statements
03/24/11  Governor: Acts of Assembly Chapter text (CHAP0480)  pdf

Amendments:
Conference amendments

Status:
01/11/11  House: Prefiled and ordered printed; offered 01/12/11 11102344D
01/11/11  House: Referred to Committee for Courts of Justice
01/25/11  House: Assigned Courts sub: #1 Criminal
02/02/11  House: Subcommittee recommends reporting with amendment(s) (9-Y 0-N)
02/03/11  Senate: Referred to Committee for Courts of Justice
02/04/11  House: Reported from Courts of Justice with substitute (21-Y 0-N)
02/04/11  House: Committee substitute printed 11105159D-H1
02/04/11  House: Incorporates HB1876
02/04/11  House: Incorporates HB2340
02/04/11  House: Incorporates HB1716
02/04/11  House: Incorporates HB2422
02/06/11  House: Read first time
02/07/11  House: Read second time
02/07/11  House: Committee substitute agreed to 11105159D-H1
02/07/11  House: Engrossed by House - committee substitute HB2063H1
02/08/11  House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/08/11  House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/09/11  Senate: Constitutional reading dispensed
02/09/11  Senate: Referred to Committee for Courts of Justice
02/14/11  Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
02/14/11  Senate: Committee substitute printed 11105341D-S1
02/14/11  Senate: Rereferred to Finance
02/16/11  Senate: Reported from Finance (12-Y 0-N)
02/17/11  Senate: Constitutional reading dispensed (38-Y 0-N)
02/18/11  Senate: Read third time
02/18/11  Senate: Reading of substitute waived
02/18/11  Senate: Committee substitute agreed to 11105341D-S1
02/18/11  Senate: Engrossed by Senate - committee substitute HB2063S1
02/18/11  Senate: Passed Senate with substitute (40-Y 0-N)
02/21/11  House: Placed on Calendar
02/22/11  House: Senate substitute rejected by House 11105341D-S1 (1-Y 96-N)
02/22/11  House: VOTE: REJECTED (1-Y 96-N)
02/23/11  Senate: Senate insisted on substitute (40-Y 0-N)
02/23/11  Senate: Senate requested conference committee
02/24/11  House: House acceded to request
02/24/11  Senate: Conferees appointed by Senate
02/24/11  Senate: Senators: Barker, Deeds, Obenshain
02/24/11  House: Conferees appointed by House
02/24/11  House: Delegates: Bell, R.B., Albo, Ware, O.
02/26/11  House: Conference substitute printed 11105578D-H2
02/26/11  Senate: Conference report agreed to by Senate (40-Y 0-N)
02/26/11  House: Conference report agreed to by House (92-Y 0-N)
02/26/11  House: VOTE: ADOPTION (92-Y 0-N)
03/03/11  House: Enrolled
03/03/11  House: Bill text as passed House and Senate (HB2063ER)
03/03/11  House: Signed by Speaker
03/06/11  Senate: Signed by President
03/24/11  Governor: Approved by Governor-Chapter 480 (effective 7/1/11)
03/24/11  Governor: Acts of Assembly Chapter text (CHAP0480)