HB 895 — Protective orders; venue.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E108 An Act to amend and reenact §§ 16.1-253.2 and 18.2-60.4 of the Code of Virginia, relating to violation of protective orders;

R O [H 895] Approved LMarch L20, 2024 Be it enacted by the General Assembly of Virginia:

That §§ 16.1-253.2 and 18.2-60.4 of the Code of Virginia are amended and reenacted as followE:follows:

DA. protective order issued pursuant to § 16.1-253.1, 16.1-253.4, 16.1-278.14, or 16.1-279.1 or subsection B of § 20-103, when such violation involves a provision of the protective order that prohibits such person from (i) going or remaining upon land, buildings, or premises;

In addition to any other penalty provided by law, any person who violates any provision of a protective order issued pursuant to § 16.1-253.1, 16.1-253.4, 16.1-278.14, or 16.1-279.1 or subsection B of § 20-103, when such violation involves a provision of the protective order that prohibits such person from (i) going or remaining upon land, buildings, or premises;

or (iii) committing a criminal offense, or which prohibits contacts by the respondent with the allegedly abused person or family or household members of the allegedly abused person as the court deems appropriate,appropriate,ed is guilty of a Class 1 misdemeanor.

The punishment for any person convicted of a second offense of violating a protective order, when the offense is committed within five years of the prior convHctionconviction and when either the instant or prior offense was based on an act or threat of violence, shall inclu8e a offense of violating a protective order, when the offense is committed within 20 years of the first conviction and when either the instant or one of the prior offenses was based on an act or threat of violence is guilty of a Class 6 felony and the punishment shall include a mandatory minimum term of confinement of six60 months.days.

Any person convicted of a third or subsequent offense of violating a protective order, when the offense is committed within 20 years of the first conviction and when either the instant or one of the prior offenses was based on an act or threat of violence is guilty of a Class 6 felony and the punishment shall include a mandatory minimum term of confinement of six months.

In addition to any other penalty provided by law, any person who, while knowingly armed with a firearm or other deadly weapon, violates any provision of a protective order with which he has been served issued pursuant to § 16.1-253.1, 16.1-253.4, 16.1-278.14, or 16.1-279.1 or subsection B of § 2C.20-103 is guilty of a Class 6 felony.

C.

Upon conviction of any offense hereunder for which a mandatory minimum term of confinement is not specified, the person shall be sentenced to a term of confinement and in no case shall the entire aterm protectiveimposed orderbe pursuantsuspended. to § 16.1-279.1 for a specified period not exceeding two years from the date of conviction.

Upon conviction, the court shall, in addition to the sentence imposed, enter a protective order pursuant to § 16.1-279.1 for a specified period not exceeding two years from the date of conviction.

Any person who violates any provision of a protective order issued pursuant to § 19.2-152.8, of19.2-152.9, contemptor for19.2-152.10 theis sameguilty act.of a Class 1 misdemeanor.

TheConviction punishmenthereunder forshall anybar person convicted of a secondfinding offense of violatinggcontempt afor protective order, other than a protective order issued pursuant to subsection C of § 19.2-152.10, when the offensesame isact. committed within five years of the prior conviction and when either the instant or prior offense was based on an act or threat of violence, shall include a mandatory minimum term of confinement of 60 days.

AnyThe punishment for any person convicted of a thirdsecond or subsequent offense of violating a protective order, other than a protective order issued pursuant to subsection C of § 19.2-152.10, when the offense is committed within 20five years of the firstprior conviction and when either the instant or one of the prior offensesoffense was based on an act or threat of violence, isshall guiltyinclude of a Classmandatory 6minimum felonyterm and the punishment of confinement prescribed for violations of this60 sectiondays. shall be served consecutively with any other sentence.

Any person convicted of 2a B.third or subsequent offense of violating a protective order, other than a protective order issued pursuant to subsection C of § 19.2-152.10, when the offense is committed within 20 years of the first conviction and when either the instant or one of the prior offenses was based on an act or threat of violence, is guilty of a Class 6 felony and the punishment shall include a mandatory minimum term of confinement of six months.

InThe additionmandatory tominimum anyterms otherof penaltyconfinement providedprescribed byfor law,violations any person who, while knowingly armed with a firearm or other deadly weapon, violates any provision of athis protectivesection ordershall withbe which he has been served issuedconsecutively pursuantwith toany § 19.2-152.8, 19.2-152.9, or 19.2-152.10, other thansentence. a protective order issued pursuant to subsection C of § 19.2-152.10, is guilty of a Class 6 felony.

B.

In addition to any other penalty provided by law, any person who, while knowingly armed with a firearm or other deadly weapon, violates any provision of a protective order with which he has been of 2 served issued pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10, other than a protective order issued pursuant to subsection C of § 19.2-152.10, is guilty of a Class 6 felony.