HB 264 DE

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Became Law

This Act permits a person who has been the victim of non-consensual sexual conduct or non-consensual sexual penetration to apply for a sexual violence protective order if the person has a reasonable fear, based on specific conduct occurring contemporaneously or subsequent to the non-consensual sexual conduct or penetration, that the perpetrator of the sexual conduct will harm the petitioner in the future. An ex parte temporary order may be issued if a petitioner proves by a preponderance of the evidence that the respondent poses an immediate and present danger of causing physical injury to the petitioner. The protective order is a civil remedy available whether or not the respondent has been charged with a crime and whether or not the petitioner reported the respondent’s conduct to law enforcement officials. The Act provides for an emergency ex parte hearing as well as a non-emergency hearing in Superior Court. Possible remedies in addition to an order restraining the respondent from any kind of contact with the petitioner include restraining the respondent form going to, or remaining in, the places a petitioner might frequent including home, school, or work. Violation of a sexual violence protective order is punishable as criminal contempt, either as a class A misdemeanor, or Class F felony if contempt of the order results in physical injury, or involved threatened use, or use of, a deadly weapon or firearm. Petitions under the Act must be verified. If any party falsely swears in a petition or hearing under the Act, the person may be liable for a misdemeanor or felony. A sexual violence protection order is available only for petitioners who would not qualify for a protection from abuse order because there is no family or dating relationship between the victim and perpetrator. The Act also makes technical corrections to existing law to make it conform to the Legislative Drafting Manual. The Act takes effect 6 months after its enactment.

• Krista Griffith Democratic · primary
• Nicole Poore Democratic · primary
• Kyle Evans Gay · primary
• Valerie Longhurst · primary
• Debra Heffernan Democratic · primary
• Sherry Dorsey Walker · primary

1. Jan 20, 2022 Adopted in lieu of the original bill HB 264, and Assigned to Judiciary Committee in House · lower
2. Jan 26, 2022 Reported Out of Committee (Judiciary) in House with 2 Favorable, 4 On Its Merits · lower
3. Jan 27, 2022 Assigned to Appropriations Committee in House · lower
4. May 19, 2022 Reported Out of Committee (Appropriations) in House with 5 Favorable · lower
5. Jun 2, 2022 Amendment HA 1 to HS 1 - Introduced and Placed With Bill · lower
6. Jun 7, 2022 Amendment HA 1 to HS 1 - Passed In House by Voice Vote · lower
7. Jun 7, 2022 Passed By House. Votes: 36 YES 1 NO 4 ABSENT · lower
8. Jun 7, 2022 Assigned to Judiciary Committee in Senate · upper
9. Jun 15, 2022 Reported Out of Committee (Judiciary) in Senate with 1 Favorable, 3 On Its Merits · upper
10. Jun 15, 2022 Assigned to Finance Committee in Senate · upper
11. Jun 22, 2022 Reported Out of Committee (Finance) in Senate with 1 Favorable, 3 On Its Merits · upper
12. Jun 23, 2022 Passed By Senate. Votes: 21 YES · upper
13. Oct 10, 2022 Signed by Governor · executive