Virginia 2023 Regular Session Status: Enacted

SB 873 — Family abuse protective orders; filing a petition on behalf of minors.

Last action — Acts of Assembly Chapter text (CHAP0565)

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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 03, 2023. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 26, 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 7 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

123 added · 129 removed

Plain-language change summary

The amendment to SB 873 clarifies and expands the criteria under which courts can issue preliminary protective orders in cases of family abuse, particularly regarding minors. Notably, it allows for such orders to be granted when the allegedly abusive person is currently incarcerated and due for release within 30 days, reflecting a heightened concern for the safety of petitioners in these scenarios. This change is significant because it aims to provide additional protection for individuals who may be at risk once their abuser is released, ensuring that the legal system can respond more effectively to immediate threats of family abuse.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 16.1-253.1 of the Code of Virginia, relating to family abuse protective orders filed on behalf of minors.
VIRGINIA ACTS OF ASSEMBLY -- 2023 SESSION CHAPTER 565 An Act to amend and reenact § 16.1-253.1 of the Code of Virginia, relating to family abuse protective orders filed on behalf of minors.
R O [S 873] Approved L L Be it enacted by the General Assembly of Virginia:
[S 873] Approved March 26, 2023 Be it enacted by the General Assembly of Virginia:
E § 16.1-253.1.
§ 16.1-253.1.
D of time, subjected to family abuse, the court may issue a preliminary protective order against anble period allegedly abusing person in order to protect the health and safety of the petitioner or any family or household member of the petitioner.
A.
The order may be issued in an ex parte proceeding upon good cause shown when the petition is supported by an affidavit or sworn testimony before the judge or intake officer.
Upon the filing of a petition alleging that the petitioner is or has been, within a reasonable period of time, subjected to family abuse, the court may issue a preliminary protective order against an allegedly abusing person in order to protect the health and safety of the petitioner or any family or household member of the petitioner.
The order may be issued in an ex parte proceeding upon good intake officer.
ImmediBte and present danger of family abuse or evidence sufficient to establish probable cause that family a7use has abuse within a reasonable time and evidence of immediate and present danger of family abuse mayEbefamily established by a showing that (i) the allegedly abusing person is incarcerated and is to be released from incarceration within 30 days following the petition or has been released from incarceration within 30 days prior to the petition, (ii) the crime for which the allegedly abusing person was convicted and incarcerated involved family abuse against the petitioner, and (iii) the allegedly abusing person has made threatening contact with the petitioner while he was incarcerated, exhibiting a renewed threat to the petitioner of family abuse.
Immediate and present danger of family abuse or evidence sufficient to establish probable cause that family abuse has recently occurred shall constitute good cause.
A preliminary protective order may include any one or more of the following conditions to be imp1.
Evidence that the petitioner has been subjected to family abuse within a reasonable time and evidence of immediate and present danger of family abuse may be established by a showing that (i) the allegedly abusing person is incarcerated and is to be released from incarceration within 30 days following the petition or has been released from incarceration within 30 days prior to the petition, (ii) the crime for which the allegedly abusing person was convicted and incarcerated involved family abuse against the petitioner, and (iii) the allegedly abusing person has made threatening contact with the petitioner while he was incarcerated, exhibiting a renewed threat to the petitioner of family abuse.
A preliminary protective order may include any one or more of the following conditions to be imposed on the allegedly abusing person:
1.
Enjoining the respondent from terminating any necessary utility service to a premises that the petitioner has been granted possession of pursuant to subdivision 3 or, where appropriate, ordering the res5.
Enjoining the respondent from terminating any necessary utility service to a premises that the petitioner has been granted possession of pursuant to subdivision 3 or, where appropriate, ordering the respondent to restore utility services to such premises.
5.
and any other family or household member and, where appropriate, requiring the respondent to payetitioner deposits to connect or restore necessary utility services in the alternative housing provided.
7.
Requiring that the allegedly abusing person provide suitable alternative housing for the petitioner and any other family or household member and, where appropriate, requiring the respondent to pay deposits to connect or restore necessary utility services in the alternative housing provided.
The court 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 provided to the court.
The court 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.
A copy of a preliminary protective order containing any such identifyinged person information shall be forwarded forthwith to the primary law-enforcement agency responsible for service of 3 and entry of protective orders.
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.
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 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 allegedly abusing person in person as provided in § 16.1-264 and due return made to the court.
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 of 2 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 allegedly abusing person in person as provided in § 16.1-264 and due return made to the court.
of 3 F.
F.
G.
No fee shall be charged for filing or serving any petition or order pursuant to this section.
H.
R O L L E D B R
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Action History

  1. Acts of Assembly Chapter text (CHAP0565)

  2. Approved by Governor-Chapter 565 (effective 7/1/23)

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

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

  5. Signed by Speaker

  6. Signed by President

  7. Impact statement from DPB (SB873ER)

  8. Bill text as passed Senate and House (SB873ER)

  9. Enrolled

  10. House amendment agreed to by Senate (40-Y 0-N)

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

  12. Passed House with amendment BLOCK VOTE (96-Y 0-N)

  13. Engrossed by House as amended

  14. Committee amendment agreed to

  15. Read third time

  16. Read second time

  17. Reported from Courts of Justice with amendment(s) (20-Y 0-N)

  18. Subcommittee recommends reporting with amendments (8-Y 0-N)

  19. Assigned Courts sub: Subcommittee #1

  20. Referred to Committee for Courts of Justice

  21. Read first time

  22. Placed on Calendar

  23. Impact statement from DPB (SB873E)

  24. Read third time and passed Senate (39-Y 1-N)

  25. Printed as engrossed 23101853D-E

  26. Engrossed by Senate as amended SB873E

  27. Committee amendments agreed to

  28. Reading of amendments waived

  29. Read second time

  30. Constitutional reading dispensed (38-Y 0-N)

  31. Reported from Judiciary with amendments (14-Y 0-N 1-A)

  32. Senate committee, floor amendments and substitutes offered

  33. Referred to Committee on the Judiciary

  34. Prefiled and ordered printed; offered 01/11/23 23101853D

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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Votes

Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors SB 873?
SB 873 is sponsored by Ryan T. McDougle.
What is the current status of SB 873?
This bill has been enacted into law. Introduced January 03, 2023. Enacted.
Where can I track SB 873?
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