Stalking; venue, penalty.
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HB 451 — Stalking; venue, penalty.
Last action — Approved by Governor-Chapter 276 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 08, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 8 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Stalking; venue; penalty. Allows a person to be prosecuted for a stalking charge in the jurisdiction where the person resided at the time of such stalking. The bill also provides that evidence of any conduct that occurred outside the Commonwealth may be admissible, if relevant, in any prosecution for stalking. Currently, such evidence is admissible as long as the prosecution is based upon conduct occurring within the Commonwealth.
Bill Text
What changed in the latest version
59 added · 57 removedPlain-language change summary
The recent amendments to HB 451 clarify the definition of stalking in Virginia law. Key changes include specifying that the offender must either intend to instill fear in the victim or should reasonably know that their actions do so, making it clearer what constitutes stalking behavior. Additionally, penalties for repeat offenders have been tightened, with a second conviction within five years being classified as a more serious felony. This matters as it enhances the legal framework aimed at protecting victims from stalkers, providing stronger consequences for repeat offenders.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E276 An Act to amend and reenact § 18.2-60.3 of the Code of Virginia, relating to stalking;
R [H 451] O Approved LApril 8, 2022 Be it enacted by the General Assembly of Virginia:
L 1.
E A.
Any person, except a law-enforcement officer, as defined in § 9.1-101, and acting in the Dperformance of his official duties, and a registered private investigator, as defined in § 9.1-138, who is regulated in accordance with § 9.1-139 and acting in the course of his legitimate business, who on more is than one occasion engages in conduct, either in person or through any other means, including by mail, telephone, or an electronically transmitted communication, directed at another person with the intent to place, or when he knows or reasonably should know that the conduct places that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person's family or household member is guilty of a Class 1 misdemeanor.
If the person contacts or follows or attempts to contact or follow the person at whom the conduct is directed after beingHgivenbeing given actual notice that the person does not want to be contacted or followed, such actions shall be 4rimaprima facie evidence that the person intended to place that other person, or reasonably should have known that the other person was placed, in reasonable fear of death, criminal sexual assault, or bodily injury toatto himself or a family or household member.
R B.
A person may be convicted under this section irrespective of the in any jurisdiction or jurisdictions within the Commonwealth wherein the conduct described in subsection A occurred, if the person engaged in that conduct on at least one occasion in the jurisdiction where the person is tried or Evidencein ofthe anyjurisdiction suchwhere conductthe thatperson occurredat outsidewhom the Commonwealthconduct mayis bedirected admissible,resided ifat relevant,nduct.the time of such conduct.
Evidence of any such conduct that occurred outside the Commonwealth may be admissible, if relevant, in any prosecution under this section provided that the prosecution is based upon conduct occurring within the Commonwealth.
The Department of Corrections, sheriff or regional jail director shall give notice prior to the release from a state correctional facility or a local or regional jail of any person incarcerated upon conviction of a violation of this section, to any victim of the offense who, in writing, requests notice, or to any person designated in writing by the victim.
The notice shall be given at least 15 days prior toce,to or release of a person sentenced to a term of incarceration of more than 30 days or, if the person was sentenced to a term of incarceration of at least 48 hours but no more than 30 days, 24 hours prior to release.
For purposes of this subsection, "release" includes a release of the offender from a state correctional facility or a local or regional jail (i) upon completion of his term of incarceration or (ii) on probation or parole.
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities;
therefore, Chapter 552 of the Acts of Assembly of 2021, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of of 2 $50,000.
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of 2 of Juvenile Justice.
View plain text versions (6)
- CHAP0276 View text Current pdf April 08, 2022
- HB451ER View text pdf March 21, 2022
- HB451S2 View text pdf March 09, 2022
- HB451S3 View text pdf March 09, 2022
- Committee Substitute Committee substitute printed 22106970D-S1 pdf February 23, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22103062D pdf January 11, 2022
Action History
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Approved by Governor-Chapter 276 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill communicated to Governor on March 22, 2022
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Signed by Speaker
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Signed by President
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Impact statement from DPB (HB451ER)
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Enrolled
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VOTE: Adoption (100-Y 0-N)
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Senate substitute agreed to by House 22107723D-S3 (100-Y 0-N)
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Impact statement from DPB (HB451S3)
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Passed by temporarily
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Impact statement from VCSC (HB451S3)
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Passed Senate with substitute (39-Y 0-N)
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Engrossed by Senate - floor substitute HB451S3
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Substitute by Senator Morrissey agreed to 22107723D-S3
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Reading of substitute waived
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Substitute by Senator Morrissey withdrawn 22107704D-S2
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Committee substitute rejected 22106970D-S1
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Read third time
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Floor substitute printed 22107723D-S3 (Morrissey)
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Floor substitute printed 22107704D-S2 (Morrissey)
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Passed by for the day
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Read third time
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Passed by for the day
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Passed by for the day
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Constitutional reading dispensed (39-Y 0-N)
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Reported from Finance and Appropriations (15-Y 0-N)
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Impact statement from DPB (HB451S1)
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Impact statement from VCSC (HB451S1)
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Senate committee, floor amendments and substitutes offered
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Rereferred to Finance and Appropriations
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Committee substitute printed 22106970D-S1
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Reported from Judiciary with substitute (14-Y 1-N)
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Referred to Committee on the Judiciary
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Constitutional reading dispensed
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VOTE: Block Vote Passage (100-Y 0-N)
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Read third time and passed House BLOCK VOTE (100-Y 0-N)
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Read second time and engrossed
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Read first time
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Reported from Courts of Justice (18-Y 0-N)
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Subcommittee recommends reporting (8-Y 0-N)
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Assigned Courts sub: Subcommittee #1
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Impact statement from DPB (HB451)
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Impact statement from VCSC (HB451)
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Referred to Committee for Courts of Justice
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Prefiled and ordered printed; offered 01/12/22 22103062D
Sponsors
- Elizabeth B. Bennett-Parker · Primary
- Eileen Filler-Corn · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 146 not signed on
Sponsors (1)
Co-sponsors (1)
Not signed on (146)
146 members have not signed on to this bill.
Show all 146 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 99 | 0 | 0 | 0 |
| Total | 99 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 1 | 0 | 0 |
| Total | 14 | 1 | 0 | 0 |
| % of votes cast | 93% | 7% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Nay |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 99 | 0 | 0 | 0 |
| Total | 99 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 18 | 0 | 0 | 2 |
| Total | 18 | 0 | 0 | 2 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Bell, Robert B. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Campbell, Ronnie R. | — | Not Voting |
| Charniele L. Herring | — | Yea |
| Don Scott | — | Yea |
| Freitas, Nicholas J. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Jason S. Ballard | — | Yea |
| Jessica L. Anderson | — | Yea |
| Karrie K. Delaney | — | Not Voting |
| Keam, Mark L. | — | Yea |
| Marcus B. Simon | — | Yea |
| Patrick A. Hope | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Vivian E. Watts | — | Yea |
| Wren M. Williams | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Bell, Robert B. | — | Yea |
| Campbell, Ronnie R. | — | Yea |
| Charniele L. Herring | — | Yea |
| Karrie K. Delaney | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Vivian E. Watts | — | Yea |
| Wren M. Williams | — | Yea |
Subjects
Frequently asked questions
- What does HB 451 do?
- Stalking; venue; penalty. Allows a person to be prosecuted for a stalking charge in the jurisdiction where the person resided at the time of such stalking. The bill also provides that evidence of any conduct that occurred outside the Commonwealth may be admissible, if relevant, in any prosecution for stalking. Currently, such evidence is admissible as long as the prosecution is based upon conduct occurring within the Commonwealth.
- Who sponsors HB 451?
- HB 451 is sponsored by Elizabeth B. Bennett-Parker and Filler-Corn, Eileen.
- What is the current status of HB 451?
- This bill has been enacted into law. Introduced January 11, 2022. Enacted.
- Where can I track HB 451?
- Track HB 451 free on One Click Politics — get push/email alerts when it moves.
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