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2012 Legislation - Domestic and Sexual Violence

Effective July 1, 2012

Protective Orders

SB445 (Vogel)/HB1033 (McClellan) - Permanent Protective Orders  - This legislation provides a circuit court jurisdiction to hear petitions to modify, dissolve, or extend a permanent protective order if the circuit court issued the order.   In addition, when a protective order is issued, the court, including the circuit court, is required to enter and transfer identifying information into the Virginia Criminal Information Network (VCIN).   Effective July 1, 2013, any circuit court clerk who does not use the Statewide Case Management System operated and maintained by the Executive Secretary of the Supreme Court shall provide protective orders directly to the Virginia Criminal Information Network in an electronic format approved by the Department of State Police.  Until July 1, 2013, such circuit court clerks shall forthwith forward the protective order to the primary law-enforcement agency providing service and entry of protective orders for entry into the VCIN. 

HB770 (Landes) - Emergency Protective Orders and Law Enforcement Officers - This legislation provides that no emergency protective order issued pursuant to Chapter 9.1 of Title 19.2 of the Code may be issued against a law-enforcement officer for any action arising out of the lawful performance of his duties.  This section does not apply to protective orders issued to protect a child, based on family abuse, or issued in connection with a pending domestic relations case. 

SB300 (Howell) - Revisions to Protective Order Statutes - Juveniles, Venue - This legislation makes a number of changes to the provisions governing protective orders issued by a juvenile and domestic relations district court, including (i) clarifying that only violations related to trespass, criminal offenses, acts of abuse, or prohibited contacts are Class 1 misdemeanors; (ii) clarifying that juvenile and domestic relations district courts have jurisdiction over all protective orders that involve juveniles, whether as the alleged victim or as respondent; and (iii) allowing judges to prohibit contact between the respondent and the allegedly abused person or that person's family.  The legislation also clarifies venue for protective orders issued under Chapter 9.1 of Title 19.2 of the Code. 

Sexual Violence

HB973 (Bell)/SB436 (Obenshain) - Enhanced Penalties for Rape, Forcible Sodomy, or Object Sexual Penetration of a Child Under 13 -  Imposes a mandatory minimum life sentence for rape, forcible sodomy, or object sexual penetration of a child under the age of 13 when it is alleged in the indictment that the offender was 18 years of age or older at the time of the offense.

HB969 (Bell)/SB301 (Howell) - Campus Police Inclusion in Sexual Assault Response Teams - This legislation requires Commonwealth's Attorneys to invite chiefs of campus police located within their jurisdictions to attend Sexual Assault Response Team (SART) meeting.

HB965 (Bell)/SB302 (Howell) - Campus Police; Mutual Aid Agreements with Local Law-enforcement Agencies and State Police - Requires campus police to enter into mutual aid agreements with an adjacent local law-enforcement agency or the State Police for cooperation in providing assistance with the investigation of deaths and alleged rapes occurring on college campuses.

Domestic Violence/Criminal Offenses

SB459 (Herring)/HB752 (Cline) - Strangulation - This legislation provides that any person who, without consent, impedes the blood circulation or respiration of another person by knowingly, intentionally, and unlawfully applying pressure to the neck of such person resulting in the wounding or bodily injury of such person is guilty of strangulation, a Class 6 felony.  This bill creates a new offense for strangulation.