Jason S. Miyares
Attorney General of Virginia

2013 Legislation - Domestic and Sexual Violence

Effective July 1, 2013

HB 1643 (Watts)/SB 1016 (Howell) - Protective Orders - This legislation clarifies that a protective order entered due to a violation of an initial protective order shall remain in effect upon petition for or the pendency of an appeal. The legislation also clarifies that family abuse protective orders are included in the types of protective orders that are not stayed upon appeal.

HB 2120 (Herring)/SB 1006 (Barker) - Physical Exam Recovery Kits for individuals incapable of making informed decisions - This legislation provides that a licensed physician, physician assistant, nurse practitioner, or registered nurse may perform a physical evidence recovery kit ("PERK") examination for a person who is believed to be the victim of a sexual assault and who is incapable of making an informed decision regarding consent to such examination when (1) there is a need to conduct the examination before the victim is likely to be able to make an informed decision in order to preserve physical evidence of the alleged sexual assault from degradation; (2) no legally authorized representative or other person authorized to consent to medical treatment on the individual's behalf is reasonably available to provide consent; and (3) a capacity reviewer provides a written certification that the individual is incapable of making an informed decision.

HB 2122 (Herring)/SB 997 (Barker) - Photos and X-rays in cases of suspected adult abuse - This legislation provides that, in any case of suspected abuse of an incapacitated person, photographs, X-rays and appropriate medical imaging of such incapacitated person may be taken as a part of the medical evaluation without the consent of the person responsible for the incapacitated person. Further, such photographs, X-rays and medical imaging may be introduced into evidence in any civil or criminal proceeding.

SB 1004 (Howell) - Early termination of rental agreements by victims of family abuse - This legislation provides that a tenant who is a victim of (i) family abuse, (ii) sexual abuse, or (iii) criminal sexual assault may terminate a rental agreement under certain circumstances. The bill details the circumstances under which termination may be sought and the process that must be followed by the tenant to effect the termination.

HB 2211 (McClellan) - Stalking; penalty for second offense - The legislation provides that a person who is convicted of a second offense of stalking occurring within five years of a prior conviction of such an offense is guilty of a Class 6 felony when such person was also convicted within the five-year period prior to the instant offense of a violation of (i) assault and battery and other crimes against the person when the victim of that crime was the same person who was the victim of the stalking activity in the instant conviction, (ii) assault and battery against a family or household member, or (iii) a protective order.