VA HB36 | 2024 | Regular Session
Status
Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: Passed on March 26 2024 - 100% progression
Action: 2024-03-26 - Governor: Acts of Assembly Chapter text (CHAP0161)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: Passed on March 26 2024 - 100% progression
Action: 2024-03-26 - Governor: Acts of Assembly Chapter text (CHAP0161)
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
| Del. Rodney Willett [D] | Del. Carrie Coyner [R] | Del. Dan Helmer [D] | Del. Katrina Callsen [D] |
| Del. Betsy Carr [D] | Del. Rae Cousins [D] | Del. Michael Jones [D] | Del. Amy Laufer [D] |
| Del. Kathy Tran [D] | Del. Vivian Watts [D] |
Roll Calls
2024-03-01 - Senate - Senate: Passed Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-29 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-28 - Senate - Senate: Reported from Finance and Appropriations (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-26 - Senate - Senate: Reported from Courts of Justice (12-Y 0-N) (Y: 12 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-13 - House - House: VOTE: Passage (55-Y 43-N) (Y: 55 N: 43 NV: 0 Abs: 2) [PASS]
2024-02-09 - House - House: Reported from Courts of Justice with substitute (12-Y 10-N) (Y: 12 N: 10 NV: 0 Abs: 0) [PASS]
2024-02-02 - House - House: Subcommittee recommends reporting with substitute (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 1) [PASS]
2024-02-29 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-28 - Senate - Senate: Reported from Finance and Appropriations (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-26 - Senate - Senate: Reported from Courts of Justice (12-Y 0-N) (Y: 12 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-13 - House - House: VOTE: Passage (55-Y 43-N) (Y: 55 N: 43 NV: 0 Abs: 2) [PASS]
2024-02-09 - House - House: Reported from Courts of Justice with substitute (12-Y 10-N) (Y: 12 N: 10 NV: 0 Abs: 0) [PASS]
2024-02-02 - House - House: Subcommittee recommends reporting with substitute (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 1) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2024-03-26 | Governor: Acts of Assembly Chapter text (CHAP0161) | |
| 2024-03-26 | Governor: Approved by Governor-Chapter 161 (effective 7/1/24) | |
| 2024-03-11 | Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024 | |
| 2024-03-11 | House | Enrolled Bill communicated to Governor on March 11, 2024 |
| 2024-03-08 | Senate | Signed by President |
| 2024-03-07 | House | Signed by Speaker |
| 2024-03-07 | House | Bill text as passed House and Senate (HB36ER) |
| 2024-03-07 | House | Enrolled |
| 2024-03-01 | Senate | Passed Senate (40-Y 0-N) |
| 2024-03-01 | Senate | Read third time |
| 2024-02-29 | Senate | Constitutional reading dispensed (39-Y 0-N) |
| 2024-02-28 | Senate | Reported from Finance and Appropriations (15-Y 0-N) |
| 2024-02-26 | Senate | Rereferred to Finance and Appropriations |
| 2024-02-26 | Senate | Reported from Courts of Justice (12-Y 0-N) |
| 2024-02-14 | Senate | Referred to Committee for Courts of Justice |
| 2024-02-14 | Senate | Constitutional reading dispensed |
| 2024-02-13 | House | VOTE: Passage (55-Y 43-N) |
| 2024-02-13 | House | Read third time and passed House (55-Y 43-N) |
| 2024-02-12 | House | Engrossed by House - committee substitute HB36H1 |
| 2024-02-12 | House | Committee substitute agreed to 24107583D-H1 |
| 2024-02-12 | House | Read second time |
| 2024-02-11 | House | Read first time |
| 2024-02-09 | House | Committee substitute printed 24107583D-H1 |
| 2024-02-09 | House | Reported from Courts of Justice with substitute (12-Y 10-N) |
| 2024-02-02 | House | Subcommittee recommends reporting with substitute (5-Y 3-N) |
| 2024-01-31 | House | Assigned Courts sub: Criminal |
| 2023-12-19 | House | Referred to Committee for Courts of Justice |
| 2023-12-19 | House | Prefiled and ordered printed; offered 01/10/24 24101071D |
Same As/Similar To
SB44 (Similar To) 2024-03-26 - Governor: Acts of Assembly Chapter text (CHAP0162)
