Emergency order for adult protective services; acts of violence, etc., or financial exploitation.
Summary
Emergency order for adult protective services;acts of violence, force, or threat or financial exploitation; penalty.Allows the circuit court, upon a finding that an incapacitated adulthas been, within a reasonable period of time, subjected to an actof violence, force, or threat or been subjected to financial exploitation,to include in an emergency order for adult protective services oneor more of the following conditions to be imposed on the alleged perpetrator: (i) a prohibition on acts of violence, force, or threator criminal offenses that may result in injury to person or property;(ii) a prohibition on such other contacts by the alleged perpetratorwith the adult or the adult's family or household members as thecourt deems necessary for the health and safety of such persons; or(iii) such other conditions as the court deems necessary to prevent(a) acts of violence, force, or threat; (b) criminal offenses thatmay result in injury to persons or property; (c) communication orother contact of any kind by the alleged perpetrator; or (d) financialexploitation by the alleged perpetrator. The bill provides that anyperson who violates any such condition is guilty of a Class 1 misdemeanor.Also, the bill provides that hearings on emergency orders for adultprotective services shall be held no earlier than 24 hours and nolater than 72 hours after the notice required has been given, unlesssuch notice has been waived by the court. Current law just requiressuch hearing be held no earlier than 24 hours.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2021
Committee Review
Feb 2021
Senate Passage
Jan 2021
House of Delegates Passage
Feb 2021
Signed into Law
Mar 2021
Introduced Jan 11, 2021
Signed Mar 18, 2021
Floor votes · Senate Jan 27, 2021 · House of Delegates Feb 17, 2021
How they voted
33–0
Passed
Total votes 33
Jan 27, 2021
D
Democratic17
100% Yea
R
Republican16
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
29
Key actions
8
Committee
7
Mar 18, 2021
Signed into law
Approved by Governor-Chapter 208 (effective 7/1/21)
executive
Feb 17, 2021
Lower · Passed
Passed House with substitute BLOCK VOTE (99-Y 0-N)
lower
Feb 17, 2021
Lower · Passed
Engrossed by House - committee substitute SB1297H1
lower
Feb 17, 2021
Lower · Passed
Committee substitute agreed to 21200173D-H1
lower
Feb 12, 2021
Lower · Passed
Reported from Courts of Justice with substitute (22-Y 0-N)
lower
Feb 12, 2021
Lower · Passed
House committee, floor amendments and substitutes offered
lower
Feb 2, 2021
Committee
Referred to Committee for Courts of Justice
lower
Jan 27, 2021
Upper · Passed
Read third time and passed Senate (39-Y 0-N)
upper
Jan 22, 2021
Upper · Passed
Reported from Rehabilitation and Social Services (15-Y 0-N)
upper
Jan 11, 2021
Committee
Referred to Committee on Rehabilitation and Social Services
upper
Jan 11, 2021
Introduced
Prefiled and ordered printed; offered 01/13/21 21102422D
upper
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Mark Obenshain
RRepublican
Co
MM
Monty Mason
DDemocratic
Co
Scott Surovell
DDemocratic
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