VA SB44 | 2024 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 3-0)
Status: Passed on March 26 2024 - 100% progression
Action: 2024-03-26 - Governor: Acts of Assembly Chapter text (CHAP0162)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Democrat 3-0)
Status: Passed on March 26 2024 - 100% progression
Action: 2024-03-26 - Governor: Acts of Assembly Chapter text (CHAP0162)
Text: Latest bill text (Chaptered) [HTML]
Summary
Abuse and neglect of children; causing or enabling child to gain possession of a firearm; penalty. Creates a Class 5 felony for any parent, guardian, or other person who is 18 years of age or older and is responsible for the care of a child under the age of 18 whose willful act or omission causes or enables that child to gain possession of a firearm (i) after having received notice of a preliminary determination, pursuant to relevant law, that such child poses a threat of violence or physical harm to self or others or (ii) when such parent, guardian, or other person responsible for the care of the child knows or reasonably should know that such child has been charged with, either by warrant or petition, convicted of, or adjudicated delinquent of a violent juvenile felony. Abuse and neglect of children; causing or enabling child to gain possession of a firearm; penalty. Creates a Class 5 felony for any parent, guardian, or other person who is 18 years of age or older and is responsible for the care of a child under the age of 18 whose willful act or omission causes or enables that child to gain possession of a firearm (i) after having received notice of a preliminary determination, pursuant to relevant law, that such child poses a threat of violence or physical harm to self or others or (ii) when such parent, guardian, or other person responsible for the care of the child knows or reasonably should know that such child has been charged with, either by warrant or petition, convicted of, or adjudicated delinquent of a violent juvenile felony. The bill provides that no person shall be subject to arrest or prosecution regarding knowledge of a preliminary threat determination if such person received notice that the threat assessment team concluded that the child does not indicate a threat of violence or physical harm to self or others or that any case or review opened or conducted by that threat assessment team as a result of such preliminary determination has been closed. The bill also provides that no person shall be subject to arrest or prosecution if such person has received notice that any pending charge for a violent juvenile felony has been dismissed or a nolle prosequi has been entered. The bill provides an affirmative defense to prosecution if the parent, guardian, or other person responsible for the care of a child caused or enabled such child to gain possession of a firearm while in a dwelling because of a reasonable belief that he or such child was in imminent danger of bodily injury. Lastly, the bill provides that the new offense is eligible for the enhanced earned sentence credits.
Title
Abuse and neglect of children; causing or enabling child to gain possession of a firearm, penalty.
Sponsors
Roll Calls
2024-02-21 - House - House: VOTE: Passage (55-Y 43-N) (Y: 55 N: 43 NV: 0 Abs: 2) [PASS]
2024-02-16 - House - House: Reported from Public Safety (13-Y 9-N) (Y: 13 N: 9 NV: 0 Abs: 0) [PASS]
2024-02-13 - Senate - Senate: Read third time and passed Senate (27-Y 13-N) (Y: 27 N: 13 NV: 0 Abs: 0) [PASS]
2024-02-09 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-08 - Senate - Senate: Reported from Finance and Appropriations with substitute (14-Y 1-N) (Y: 14 N: 1 NV: 0 Abs: 0) [PASS]
2024-01-31 - Senate - Senate: Reported from Courts of Justice with substitute (13-Y 0-N 2-A) (Y: 13 N: 0 NV: 2 Abs: 0) [PASS]
2024-02-16 - House - House: Reported from Public Safety (13-Y 9-N) (Y: 13 N: 9 NV: 0 Abs: 0) [PASS]
2024-02-13 - Senate - Senate: Read third time and passed Senate (27-Y 13-N) (Y: 27 N: 13 NV: 0 Abs: 0) [PASS]
2024-02-09 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-08 - Senate - Senate: Reported from Finance and Appropriations with substitute (14-Y 1-N) (Y: 14 N: 1 NV: 0 Abs: 0) [PASS]
2024-01-31 - Senate - Senate: Reported from Courts of Justice with substitute (13-Y 0-N 2-A) (Y: 13 N: 0 NV: 2 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2024-03-26 | Governor: Acts of Assembly Chapter text (CHAP0162) | |
| 2024-03-26 | Governor: Approved by Governor-Chapter 162 (effective 7/1/24) | |
| 2024-03-11 | Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024 | |
| 2024-03-11 | Senate | Enrolled Bill Communicated to Governor on March 11, 2024 |
| 2024-02-28 | Senate | Signed by President |
| 2024-02-26 | House | Signed by Speaker |
| 2024-02-26 | Senate | Bill text as passed Senate and House (SB44ER) |
| 2024-02-26 | Senate | Enrolled |
| 2024-02-21 | House | VOTE: Passage (55-Y 43-N) |
| 2024-02-21 | House | Passed House (55-Y 43-N) |
| 2024-02-21 | House | Read third time |
| 2024-02-20 | House | Read second time |
| 2024-02-16 | House | Reported from Public Safety (13-Y 9-N) |
| 2024-02-15 | House | Referred to Committee on Public Safety |
| 2024-02-15 | House | Read first time |
| 2024-02-15 | House | Placed on Calendar |
| 2024-02-13 | Senate | Read third time and passed Senate (27-Y 13-N) |
| 2024-02-12 | Senate | Engrossed by Senate - committee substitute SB44S2 |
| 2024-02-12 | Senate | Finance and Appropriations Committee substitute agreed to 24107464D-S2 |
| 2024-02-12 | Senate | Reading of substitute waived |
| 2024-02-12 | Senate | Courts of Justice Committee substitute rejected 24106369D-S1 |
| 2024-02-12 | Senate | Read second time |
| 2024-02-09 | Senate | Constitutional reading dispensed (39-Y 0-N) |
| 2024-02-08 | Senate | Committee substitute printed 24107464D-S2 |
| 2024-02-08 | Senate | Reported from Finance and Appropriations with substitute (14-Y 1-N) |
| 2024-01-31 | Senate | Rereferred to Finance and Appropriations |
| 2024-01-31 | Senate | Substitute bill reprinted 24106369D-S1 |
| 2024-01-31 | Senate | Committee substitute printed 24106369D-S1 |
| 2024-01-31 | Senate | Reported from Courts of Justice with substitute (13-Y 0-N 2-A) |
| 2024-01-10 | Senate | Moved from Judiciary to Courts of Justice due to a change of the committee name |
| 2023-12-19 | Senate | Referred to Committee for Courts of Justice |
| 2023-12-19 | Senate | Prefiled and ordered printed; offered 01/10/24 24100621D |
Same As/Similar To
HB36 (Similar To) 2024-03-26 - Governor: Acts of Assembly Chapter text (CHAP0161)
