Virginia 2023 Regular Session Status: In Committee

SB 486 — Protective orders; workplace violence.

Last action — Left in Finance and Appropriations

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

208 added · 67 removed

Plain-language change summary

The revised version of Senate Bill 486 includes significant changes that clarify the definitions related to workplace violence and expands the scope of who can seek protective orders. It now explicitly allows employers to file for protective orders on behalf of their employees if they have experienced violence or threats at work. This adjustment is important because it helps ensure that workplaces can take proactive steps to protect their staff from potential harm, creating a safer work environment.

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SESSION INTRODUCED 22103935D I SENATE BILL NO.
SESSION SENATE SUBSTITUTE 22105636D SENATE BILL NO.
486 Offered January 12, 2022 N Prefiled January 11, 2022 T A Bby adding a section numbered 19.2-152.10:1, relating to workplace violence protective ordersRnia penalty.
486 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on the Judiciary on February 2, 2022) (Patron Prior to Substitute––Senator McClellan) A BILL to amend and reenact §§ 19.2-152.7:1, 19.2-152.9, and 19.2-152.10 of the Code of Virginia, Be it enacted by the General Assembly of Virginia:de employer;
–––––––––– O Patrons––McClellan;
penalty.
Delegate:
1.
Carr D –––––––––– Referred to Committee on the Judiciary U –––––––––– C Be it enacted by the General Assembly of Virginia:
That §§ 19.2-152.7:1, 19.2-152.9, and 19.2-152.10 of the Code of Virginia are amended and reenacted as follows:
Virginia is amended by adding a section numbered 19.2-152.10:1 as follows:
§ 19.2-152.7:1.
that the Code of E § 19.2-152.10:1.
Definitions.
Workplace violence protective orders.
As used in this chapter:
D A.
bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury.
For the purpose of a preliminary protective order sought pursuant to § 19.2-152.9, an employer or its authorized agent may petition the court for such an order to protect the health and safety of its employees by alleging that (i) an employee of the petitioner has been, within a reasonable period of time, subjected to an act of violence, force, or threat at the employer's workplace or (ii) a petition or warrant has been issued for the arrest of the alleged perpetrator for any criminal offense resulting from the commission of an act of violence, force, or threat.
Suchin act includes, but is not limited to, any forceful detention, stalking, criminal sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, or any criminal offense that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury.
Such petition shall specify the workplace from court may issue an order to protect against the alleged perpetrator in order to protect the health and safety of the employees of the employer.
"Petitioner" includes an employer whose employee has been subjected to an act of violence, force, or threat in connection with his employment.
B Such a preliminary protective order may include any one or more of the following conditions to be imposed on the respondent:
A.
6 1.
Upon the filing of a petition alleging that (i) the petitioner is or has been, within a reasonable period of time, subjected to an act of violence, force, or threat, or (ii) a petition or warranT has been issued for the arrest of the alleged perpetrator for any criminal offense resulting from the commission of an act of violence, force, or threat, the court may issue a preliminary protective order againsE the alleged perpetrator in order to protect the health and safety of the petitioner or any family or household member or employee of the petitioner.
Prohibiting acts of violence, force, or threat or criminal offenses that may result in injury to person or property;
The order may be issued in an ex parte proceeding upon good cause officer.
2.
If an ex parte order is issued without an affidavit or a completed form as prescribed bye subsection D of § 19.2-152.8 being presented, the court, in its order, shall state the basis upon which the order was entered, including a summary of the allegations made and the court's findings.
Prohibiting such other contacts by the respondent with the employees of the petitioner as the court deems necessary for the health and safety of such persons;
ImmediUte and present danger of any act of violence, force, or threat or evidence sufficient to establish proBable cause that an act of violence, force, or threat has recently occurred shall constitute good cause.
or threat;
imposed on the respondent:e order may include any one or more of the following conditions to beS 1.
(ii) criminal offenses that may result in injury to person or property;
Prohibiting acts of violence, force, or threat or criminal offenses that may result in injury to 36 person or property;
or (iii) threatening communication by the respondent to the employees of the petitioner.
37 2.
Prohibiting such other contacts by the respondent with the petitioner or, the petitioner's family or 38 household members, or petitioner's employees as the court deems necessary for the health and saTety of 39 such persons;
U (ii) criminal offenses that may result in injury to person or property, or (iii) communication or othereat, contact of any kind by the respondent;
and T 4.
Granting the petitioner the possession of any companion animal as defined in § 3.2-6500 iE such petitioner meets the definition of owner in § 3.2-6500.
For the purpose of a protective order sought pursuant to § 19.2-152.10, an employer or its authorized agent may petition the court for such an order to protect the health and safety of its :
The court shall forthwith, but in all cases no later than the end of the business day on which the respondent's identifying information and the name, date of birth, sex, and race of each protected person provided to the court.
35 employees upon (i) the issuance of a petition or warrant for, or a conviction of, any criminal offense 36 resulting from the commission of an act of violence, force, or threat at the employer's workplace or (ii) 37 a hearing held pursuant to subsection D of § 19.2-152.9, provided that at such hearing the court may 38 issue a protective order if the court finds that the employer has proven the allegation that an employee threat by a preponderance of the evidence.
A copy of a preliminary protective order containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders.
Such petition shall specify the workplace from which thee, or petitioner seeks to have the perpetrator prohibited Such a protective order may include any one or more of the following conditions to be imposed on the respondent:
Upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying informStion and other appropriate information required by the Department of State Police into the Virginia Crim4nal seq.) of Title 52 and the order shall be served forthwith on the alleged perpetrator in person as provided in § 16.1-264, and due return made to the court.
However, if the order is issued by the circuit court, the clerk of the circuit court shall forthwith forward an attested copy of the order containing the respondent's identifying information and the name, date of birth, sex, and race of each protected person provided to the court to the primary law-enforcement agency providing service and entry of protective orders and upon receipt of the order, the primary law-enforcement agency shall enter the name of the SB486S1 2 of 4 person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith on the alleged perpetrator in person as provided in § 16.1-264.
Upon service, the agency making service shall enter the date and time of service and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network and make due return to the court.
The preliminary order shall specify a date for the full hearing.
The hearing shall be held within 15 days of the issuance of the preliminary order, unless the court is closed pursuant to § 16.1-69.35 or 17.1-207 and such closure prevents the hearing from being held within such time period, in which case the hearing shall be held on the next day not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed.
If such court is closed pursuant to § 16.1-69.35 or 17.1-207, the preliminary protective order shall remain in full force and effect until it is dissolved by such court, until another preliminary protective order is entered, or until a protective order is entered.
If the respondent fails to appear at this hearing because the respondent was not personally served, the court may extend the protective order for a period not to exceed six months.
The extended protective order shall be served as soon as possible on the respondent.
However, upon motion of the respondent and for good cause shown, the court may continue the hearing.
The preliminary order shall remain in effect until the hearing.
Upon request after the order is issued, the clerk shall provide the petitioner with a copy of the order and information regarding the date and time of service.
The order shall further specify that either party may at any time file a motion with the court requesting a hearing to dissolve or modify the order.
The hearing on the motion shall be given precedence on the docket of the court.
Upon petitioner's motion to dissolve the preliminary protective order, a dissolution order may be issued ex parte by the court with or without a hearing.
If an ex parte hearing is held, it shall be heard by the court as soon as practicable.
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If a dissolution order is issued ex parte, the court shall serve a copy of such dissolution order on respondent in conformity with §§ 8.01-286.1 and 8.01-296.
Upon receipt of the return of service or other proof of service pursuant to subsection C of § 16.1-264, the clerk shall forthwith forward an attested copy of the preliminary protective order to primary law-enforcement agency and the agency shall forthwith verify and enter any modification as necessary into the Virginia Criminal Information Network as described above.
If the order is later dissolved or modified, a copy of the dissolution or modification order shall also be attested, forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders, and upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network as described above and the order shall be served forthwith and due return made to the court.
C.
The preliminary order is effective upon personal service on the alleged perpetrator.
Except as otherwise provided, a violation of the order shall constitute contempt of court.
D.
At a full hearing on the petition, the court may issue a protective order pursuant to § 19.2-152.10 if the court finds that the petitioner has proven the allegation that the petitioner is or has been, within a reasonable period of time, subjected to an act of violence, force, or threat by a preponderance of the evidence.
E.
No fees shall be charged for filing or serving petitions pursuant to this section.
F.
Neither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk's office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause.
G.
As used in this section, "copy" includes a facsimile copy.
H.
Upon issuance of a preliminary protective order, the clerk of the court shall make available to the petitioner information that is published by the Department of Criminal Justice Services for victims of domestic violence or for petitioners in protective order cases.
§ 19.2-152.10.
Protective order.
A.
The court may issue a protective order pursuant to this chapter to protect the health and safety of the petitioner and family or household members of a petitioner or employees of a petitioner upon (i) the issuance of a petition or warrant for, or a conviction of, any criminal offense resulting from the commission of an act of violence, force, or threat or (ii) a hearing held pursuant to subsection D of § 19.2-152.9.
A protective order issued under this section may include any one or more of the following conditions to be imposed on the respondent:
Prohibiting such other contacts by the respondent with the employees of the petitioner as the court deems necessary for the health and safety of such persons;
Prohibiting such contacts by the respondent with the petitioner or, family or household members of the petitioner, or employees of the petitioner as the court deems necessary for the health or safety of of 4 suc3.
or 3.
Any other relief necessary to prevent (i) acts of violence, force, or threat, (ii) criminal offenses that may result in injury to person or property, or (iii) communication or other contact of any kind by the respondent;
Such other conditions as the court deems necessary to prevent (i) acts of violence, force, or threat, by the respondent to the employees of the petitioner.erson or property, or (iii) threatening communication C.
and 4.
Except for the provisions of § 19.2-152.8 and as otherwise provided, all other provisions of this chapter shall apply, mutatis mutandis, to an employer serving as petitioner on behalf of its employees.
Granting the petitioner the possession of any companion animal as defined in § 3.2-6500 if such petitioner meets the definition of owner in § 3.2-6500.
time up to a maximum of two years.
The protective order shall expire at 11:59 p.m.
on the last dayd of specified or at 11:59 p.m.
on the last day of the two-year period if no date is specified.
Prior to the expiration of the protective order, a petitioner may file a written motion requesting a hearing to extend the order.
Proceedings to extend a protective order shall be given precedence on the docket of the court.
The court may extend the protective order for a period not longer than two years to protect the health employees of the petitioner at the time the request for an extension is made.
The extension of the protective order shall expire at 11:59 p.m.
on the last day specified or at 11:59 p.m.
on the last day of the two-year period if no date is specified.
Nothing herein shall limit the number of extensions that may be requested or issued.
C.
Upon conviction for an act of violence as defined in § 19.2-297.1 and upon the request of the protective order to the victim pursuant to this chapter to protect the health and safety of theNvictim.
The protective order may be issued for any reasonable period of time, including up to the lifetime of the defendant, that the court deems necessary to protect the health and safety of the victim.
The pAotective order shall expire at 11:59 p.m.
on the last day specified in the protective order, if any.
Upon a conviction for violation of a protective order issued pursuant to this subsection, the court thTt issued the health and safety of the victim.
The extension of the protective order shall expire at 11:59 p.m.
on the last day specified, if any.
Nothing herein shall limit the number of extensions that may be issued.
Nothing in this section shall be construed as expanding, diminishing, altering, or modifying any duty of an employer.
A copy of the protective order shall be served on the respondent and provided to the petitioner as soon as possible.
§ 19.2-152.11.
The court, including a circuit court if the circuit court issued the order, shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enterSand information and the name, date of birth, sex, and race of each protected person provided to the court and shall forthwith forward the attested copy of the protective order and containing any such identifying information to the primary law-enforcement agency responsible for service and entry of protective orders.
Venue for protective orders.
Upon receipt of the order by the primary law-enforcement agency, the agency shall forthSith verify and enter any modification as necessary to the identifying information and other appropriate established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 andk the order shall be served forthwith upon the respondent and due return made to the court.
A.
Upon service, the agency making service shall enter the date and time of service and other appropriate informTtion required into the Virginia Criminal Information Network and make due return to the court.
Proceedings in which a protective order is sought pursuant to this chapter, except as provided in subsection B, shall be commenced where (i) either party has his principal residence;
If the order is later dissolved or modified, a copy of the dissolution or modification order shall also be attested, protective orders, and upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and othEr appropriate information required by the Department of State Police into the Virginia Criminal Information Network as described above and the order shall be served forthwith and due return made to the court.
(ii) the act of issued if, at the time the proceeding is commenced, the order is in effect to protect the petitioner or a was SB486 2 of 2 family or household member of the petitioner.
constitute contempt of court.vided, a violation of a protective order issued under this section shall F.
B.
The court may assess costs and attorneys' fees against either party regardless of whether an order of protection has been issued as a result of a full hearing.
Proceedings in which a protective order is sought pursuant to § 19.2-152.10:1 shall be commenced where the workplace is located from which the petitioner seeks to have the respondent prohibited.
G.
Any judgment, order or decree, whether permanent or temporary, issued by a court of approSriate jurisdiction in another state, the United States or any of its territories, possessions or Comm4nwealths, violent or threatening acts or harassment against or contact or communication with or physical proximityg to another person, including any of the conditions specified in subsection A, shall be accorded1full faith and credit and enforced in the Commonwealth as if it were an order of the Commonwealth, provided reasonable notice and opportunity to be heard were given by the issuing jurisdiction to the person against whom the order is sought to be enforced sufficient to protect such person's due process rights and consistent with federal law.
A person entitled to protection under such a foreign order may file the SB486S1 4 of 4 order in any appropriate district court by filing with the court, an attested or exemplified copy of the order.
Upon such a filing, the clerk shall forthwith forward an attested copy of the order to the primary law-enforcement agency responsible for service and entry of protective orders which shall, upon receipt, enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52.
Where practical, the court may transfer information electronically to the Virginia Criminal Information Network.
Upon inquiry by any law-enforcement agency of the Commonwealth, the clerk shall make a copy available of any foreign order filed with that court.
A law-enforcement officer may, in the performance of his duties, rely upon a copy of a foreign protective order or other suitable evidence which has been provided to him by any source and may also rely upon the statement of any person protected by the order that the order remains in effect.
H.
Either party may at any time file a written motion with the court requesting a hearing to dissolve or modify the order.
Proceedings to modify or dissolve a protective order shall be given precedence on the docket of the court.
Upon petitioner's motion to dissolve the protective order, a dissolution order may be issued ex parte by the court with or without a hearing.
If an ex parte hearing is held, it shall be heard by the court as soon as practicable.
If a dissolution order is issued ex parte, the court shall serve a copy of such dissolution order on respondent in conformity with §§ 8.01-286.1 and 8.01-296.
I.
Neither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk's office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause.
J.
No fees shall be charged for filing or serving petitions pursuant to this section.
K.
As used in this section:
"Copy" includes a facsimile copy;
and "Protective order" includes an initial, modified or extended protective order.
L.
Upon issuance of a protective order, the clerk of the court shall make available to the petitioner information that is published by the Department of Criminal Justice Services for victims of domestic violence or for petitioners in protective order cases.
M.
An appeal of a protective order issued pursuant to this section shall be given expedited review by the Court of Appeals.
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Action History

  1. Left in Finance and Appropriations

  2. Continued to 2023 in Finance and Appropriations (16-Y 0-N)

  3. Impact statement from DPB (SB486S1)

  4. Impact statement from VCSC (SB486S1)

  5. Rereferred to Finance and Appropriations

  6. Committee substitute printed 22105636D-S1

  7. Reported from Judiciary with substitute (10-Y 0-N 1-A)

  8. Senate committee, floor amendments and substitutes offered

  9. Senate subcommittee amendments and substitutes offered

  10. Assigned Judiciary sub: Civil Law

  11. Impact statement from DPB (SB486)

  12. Impact statement from VCSC (SB486)

  13. Referred to Committee on the Judiciary

  14. Prefiled and ordered printed; offered 01/12/22 22103935D

Sponsors

  • McClellan · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

  • McClellan

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

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"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.

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Frequently asked questions

Who sponsors SB 486?
SB 486 is sponsored by McClellan.
What is the current status of SB 486?
This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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