Virginia 2023 Regular Session Status: Enacted

SB 895 — Interlocutory decrees or orders, certain; appeals.

Last action — Acts of Assembly Chapter text (CHAP0742)

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

This bill has been enacted into law. Introduced January 05, 2023. Enacted.

Signed by Governor Glenn Youngkin (Republican) on April 12, 2023.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Failed a recorded vote

    Failed 9 recorded votes so far — a real headwind.

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.

Bill Text

What changed in the latest version

245 added · 254 removed

Plain-language change summary

The recent changes to Bill SB 895 made adjustments to specific provisions regarding protective orders in cases of family abuse. One significant update is the removal of a provision that allowed the court to grant exclusive use of a cellular phone number or electronic device to the petitioner. This change focuses on streamlining the legal process and ensuring that the essential protections for victims remain intact, such as keeping them safe and secure in their living situations. Overall, it highlights a continued commitment to addressing family abuse while simplifying legal protocols.

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VIRGINIA ACTS OF ASSEMBLY -- 2023 RECONVENED SESSION CHAPTER 742 An Act to amend and reenact §§ 16.1-279.1, 17.1-405, and 19.2-152.10 of the Code of Virginia, relating to appeals of certain interlocutory decrees or orders;
RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER R An Act to amend and reenact §§ 16.1-279.1, 17.1-405, and 19.2-152.10 of the Code of Virginia, relating to appeals of certain interlocutory decrees or orders;
[S 895] Approved April 12, 2023 Be it enacted by the General Assembly of Virginia:
E N [S 895] Approved R O 1.
1.
§ 16.1-279.1.
L § 16.1-279.1.
A.
L A.
In cases of family abuse, including any case involving an incarcerated or recently incarcerated respondent against whom a preliminary protective order has been issued pursuant to § 16.1-253.1, the court may issue a protective order to protect the health and safety of the petitioner and family or or more of the following conditions to be imposed on the respondent:
In cases of family abuse, including any case involving an incarcerated or recently incarcErated respondent against whom a preliminary protective order has been issued pursuant to § 16.1-253.1, the court may issue a protective order to protect the health and safety of the petitioner and familD or household members of the petitioner.
this section may include any one 1.
A protective order issued under this section may include any one or 1.
Enjoining the respondent from terminating any necessary utility service to the residence to which the petitioner was granted possession pursuant to subdivision 3 or, where appropriate, ordering the respondent to restore utility services to that residence;
Enjoining the respondent from terminating any necessary utility service to the residence So which the petitioner was granted possession pursuant to subdivision 3 or, where appropriate, ordering8the res5.
5.
Granting the petitioner temporary possession or use of a motor vehicle owned by the petitioner alone or jointly owned by the parties to the exclusion of the respondent and enjoining the respondent from terminating any insurance, registration, or taxes on the motor vehicle and directing the respondent to maintain the insurance, registration, and taxes, as appropriate;
Granting the petitioner temporary possession or use of a motor vehicle owned by the petitioner alone or jointly owned by the parties to the exclusion of the respondent and enjoining the respondent to maintain the insurance, registration, and taxes, as appropriate;
9.
petitioner meets the definition of owner in § 3.2-6500;
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;
andon animal as defined in § 3.2-6500 if such 10.
and 10.
B.
The protective order may be issued for a specified period of time up to a maximum of two years.
If the petitioner was a family or household member of the respondent at the time the initial protective order was issued, the court may extend the protective order for a period not longer than two years to protect the health and safety of the petitioner or persons who are family or household members of the petitioner at the time the request for an extension is made.
If the petitioner was a family or household member of the respondent at the time the initial protective order was issued, the court may extend the protective order for a period not longer than two years to protect the health and safety of the petitioner or persons who are family or household members of the petitioner at the time the request for an specified or at 11:59 p.m.
The extension of the protective order shall expire at 11:59 p.m.
on the last day specified or at 11:59 p.m.
C.
of 5 C.
The court, including a circuit court if the circuit court issued the order, shall forthwith, of 5 but in all cases no later than the end of the business day on which the order was issued, enter and transfer electronically to the Virginia Criminal Information Network the respondent's identifying 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 containing any such identifying information to the primary law-enforcement agency responsible for service and entry of protective orders.
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, enter and transfer electronically to the Virginia Criminal Information Network the respondent's identifying 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 containing any such identifying information to the primary law-enforcement agency responsible for service and entry of protective orders.
K.
of 5 K.
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.
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 domRstic violence or for petitioners in protective order cases.
L.
E expedited review by the Court of Appeals.
An appeal of final protective order issued by a circuit court pursuant to this section shall be given expedited review by the Court of Appeals.
issued by a circuit court pursuant to this section shall be given § 17.1-405.
of 5 § 17.1-405.
Appellate jurisdiction –– Administrative agency, Virginia Workers' Compensation E Commission, and civil matter appeals.
Appellate jurisdiction –– Administrative agency, Virginia Workers' Compensation Commission, and civil matter appeals.
N A.
A.
2.
O 2.
3.
court in a civil matter;
Except as provided in subsection B of § 17.1-406, any final judgment, order, or decree of a circuit court in a civil matter;
in subsection B of § 17.1-406, any final judgment, order, or decree ofLa circuit 4.
4.
5.
L 5.
Any Except as provided in subsection B, any interlocutory decree or order involving an equitable claim in which the decree or order (i) requires money to be paid or the possession or title of property to be changed or (ii) adjudicates the principles of a cause;
Any Except as provided in subsection B, any interlocutory decree or order involving an eqEitable claim in which the decree or order (i) requires money to be paid or the possession or title of property to be changed or (ii) adjudicates the principles of a cause;
or 6.
or D 6.
Any final judgment, order, or decree of a circuit court (i) involving an application for a concealed weapons permit pursuant to Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2, (ii) involving involuntary treatment of prisoners pursuant to § 53.1-40.1 or 53.1-133.04, or (iii) for declaratory or injunctive relief under § 57-2.02.
Any final judgment, order, or decree of a circuit court (i) involving an application for a concealed weapons permit pursuant to Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2, (ii) involving injunctive relief under § 57-2.02.
B.
pursuant to § 53.1-40.1 or 53.1-133.04, or (iii) for declaratory or B.
4.
S 4.
5.
8 5.
6.
5 7.
Any other domestic relations matter arising under Title 16.1 or 20;
Show all 67 changed rows (27 more)
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or 7.
§ 19.2-152.10.
R § 19.2-152.10.
A.
2 A.
A protective order issued under this section may include any one or more of the following conditions to be imposed on the respondent:
A protective order issued under this section may include any one or more of the following conditions to be imposed on 1.
1.
and 4.
and petitioner meets the definition of owner in § 3.2-6500.panion animal as defined in § 3.2-6500 if such B.
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.
B.
The court may extend the protective order for a period not longer than two years to protect the health and safety of the petitioner or persons who are family or household members of the petitioner at the time the request for an extension is made.
The court may extend the protective order for a period not longer than two years to protect the health time the request for an extension is made.
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 protective order may be issued for any reasonable period of time, including up to the lifetime of the order shall expire at 11:59 p.m.
The protective order shall expire at 11:59 p.m.
Upon a conviction for violation of a protective order issued pursuant to this subsection, the court that issued the original protective order may extend the protective order as the court deems necessary to protect the health and safety of the victim.
Upon aective of 5 conviction for violation of a protective order issued pursuant to this subsection, the court that issued the original protective order may extend the protective order as the court deems necessary to protect the health and safety of the victim.
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, enter and transfer electronically to the Virginia Criminal Information Network the respondent's identifying of 5 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.
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, enter and transfer electronically to the Virginia Criminal Information Network the respondent's identifying 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.
J.
of 5 K.
No fees shall be charged for filing or serving petitions pursuant to this section.
K.
for filing or serving petitions pursuant to this section.
and "Protective order" includes an initial, modified or extended protective order.
and R "Protective order" includes an initial, modified or extended protective order.
L.
E information that is published by the Department of Criminal Justice Services for victims of domesticoner violence or for petitioners in protective order cases.
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.
N given expedited review by the Court of Appeals.ued by a circuit court pursuant to this section Rhall be 2.
M.
That the Virginia Family Law Coalition (the Coalition) shall conduct a study on appeals of O interlocutory decrees or orders involving domestic relations matters in the Commonwealth.
An appeal of a final protective order issued by a circuit court pursuant to this section shall be given expedited review by the Court of Appeals.
The Judiciary and the House Committee for Courts of Justice by October 1, 2024.nate Committee on thL 3.
2.
That the Virginia Family Law Coalition (the Coalition) shall conduct a study on appeals of interlocutory decrees or orders involving domestic relations matters in the Commonwealth.
The of 5 Coalition shall report the findings of such study to the Chairmen of the Senate Committee on the Judiciary and the House Committee for Courts of Justice by October 1, 2024.
3.
E D S E 2
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Action History

  1. Acts of Assembly Chapter text (CHAP0742)

  2. Enacted, Chapter 742 (effective 4/12/23)

  3. Signed by Speaker as reenrolled

  4. Signed by President as reenrolled

  5. Reenrolled bill text (SB895ER2)

  6. Reenrolled

  7. Emergency clause added by Governor's recommendation

  8. Governor's recommendation adopted

  9. VOTE: Adoption (92-Y 0-N)

  10. House concurred in Governor's recommendation (92-Y 0-N)

  11. Senate concurred in Governor's recommendation (40-Y 0-N)

  12. Governor's recommendation received by Senate

  13. Governor's Action Deadline 11:59 p.m., March 27, 2023

  14. Enrolled Bill Communicated to Governor on March 13, 2023

  15. Impact statement from DPB (SB895ER)

  16. Signed by Speaker

  17. Signed by President

  18. Bill text as passed Senate and House (SB895ER)

  19. Enrolled

  20. VOTE: Block Vote Passage (96-Y 0-N)

  21. Passed House BLOCK VOTE (96-Y 0-N)

  22. Read third time

  23. Read second time

  24. Reported from Courts of Justice (20-Y 0-N)

  25. Subcommittee recommends reporting (8-Y 0-N)

  26. Subcommittee failed to recommend reporting (3-Y 5-N)

  27. Assigned Courts sub: Subcommittee #1

  28. Referred to Committee for Courts of Justice

  29. Read first time

  30. Placed on Calendar

  31. Read third time and passed Senate (39-Y 0-N)

  32. Engrossed by Senate - committee substitute SB895S1

  33. Committee substitute agreed to 23105256D-S1

  34. Reading of substitute waived

  35. Read second time

  36. Impact statement from DPB (SB895S1)

  37. Constitutional reading dispensed (40-Y 0-N)

  38. Committee substitute printed 23105256D-S1

  39. Reported from Judiciary with substitute (13-Y 0-N)

  40. Senate committee, floor amendments and substitutes offered

  41. Senate committee, floor amendments and substitutes offered

  42. Assigned Judiciary sub: Civil Law

  43. Referred to Committee on the Judiciary

  44. Prefiled and ordered printed; offered 01/11/23 23103149D

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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 895?
SB 895 is sponsored by Scott A. Surovell.
What is the current status of SB 895?
This bill has been enacted into law. Introduced January 05, 2023. Enacted.
Where can I track SB 895?
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