Virginia 2017 Regular Session Status: In Committee

SB 861 — Preliminary protective orders; contents of order.

Last action — Tabled in Courts of Justice by voice vote

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  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 2017 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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.

Summary

Provides that if a preliminary protective order is issued in an ex parte hearing where the petition for the order is supported by sworn testimony and not an affidavit or a completed form submitted with an emergency protective order request, the court issuing the order shall state in the order the basis on which the order was entered, including a summary of the allegations made and the court's findings.

Bill Text

What changed in the latest version

58 added · 65 removed

Plain-language change summary

The recent amendments to SB 861 clarify the process for issuing ex parte orders related to family abuse. Specifically, if an order is issued without an affidavit, the court must provide detailed reasoning behind its decision. This change is significant because it ensures greater transparency and accountability in the court's actions, potentially offering better protection for those at risk of family abuse. Additionally, the amendments outline circumstances under which the court can determine immediate danger, making it easier for petitioners to present their cases effectively.

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861 Offered January 11, 2017 Prefiled December 7, 2016 A BILL to amend and reenact §§ 16.1-253.1 and 19.2-152.9 of the Code of Virginia, relating to preliminary protective orders;
861 Senate Amendments in [ ] -- January 30, 2017 A BILL to amend and reenact §§ 16.1-253.1 and 19.2-152.9 of the Code of Virginia, relating to preliminary protective orders;
---------- Patron-- Surovell ---------- Referred to Committee for Courts of Justice ---------- Be it enacted by the General Assembly of Virginia:
---------- Patron Prior to Engrossment--Senator Surovell ---------- Referred to Committee for Courts of Justice ---------- Be it enacted by the General Assembly of Virginia:
If an ex parte order is issued without an affidavit 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.
If an ex parte order is issued without an affidavit  [ or a completed form as prescribed by subsection D of § 16.1-253.4  ] 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.
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.
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 days following the petition or has been released from incarceration within 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.
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Action History

  1. Tabled in Courts of Justice by voice vote

  2. Assigned Courts sub: Criminal Law

  3. Referred to Committee for Courts of Justice

  4. Read first time

  5. Placed on Calendar

  6. Printed as engrossed 17100608D-E

  7. Engrossed by Senate as amended SB861E

  8. Committee amendment agreed to

  9. Reading of amendment waived

  10. Read second time

  11. Referred to Committee for Courts of Justice

  12. Prefiled and ordered printed; offered 01/11/17 17100608D

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 861 do?
Provides that if a preliminary protective order is issued in an ex parte hearing where the petition for the order is supported by sworn testimony and not an affidavit or a completed form submitted with an emergency protective order request, the court issuing the order shall state in the order the basis on which the order was entered, including a summary of the allegations made and the court's findings.
Who sponsors SB 861?
SB 861 is sponsored by Scott A. Surovell.
What is the current status of SB 861?
This bill died with 2017 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.
Where can I track SB 861?
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Last checked for changes 3 months ago · updated continuously

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