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]

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.

Tracking Information

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Title

Abuse and neglect of children; causing or enabling child to gain possession of a firearm, penalty.

Sponsors


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]

History

DateChamberAction
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
2024-03-11HouseEnrolled Bill communicated to Governor on March 11, 2024
2024-03-08SenateSigned by President
2024-03-07HouseSigned by Speaker
2024-03-07HouseBill text as passed House and Senate (HB36ER)
2024-03-07HouseEnrolled
2024-03-01SenatePassed Senate (40-Y 0-N)
2024-03-01SenateRead third time
2024-02-29SenateConstitutional reading dispensed (39-Y 0-N)
2024-02-28SenateReported from Finance and Appropriations (15-Y 0-N)
2024-02-26SenateRereferred to Finance and Appropriations
2024-02-26SenateReported from Courts of Justice (12-Y 0-N)
2024-02-14SenateReferred to Committee for Courts of Justice
2024-02-14SenateConstitutional reading dispensed
2024-02-13HouseVOTE: Passage (55-Y 43-N)
2024-02-13HouseRead third time and passed House (55-Y 43-N)
2024-02-12HouseEngrossed by House - committee substitute HB36H1
2024-02-12HouseCommittee substitute agreed to 24107583D-H1
2024-02-12HouseRead second time
2024-02-11HouseRead first time
2024-02-09HouseCommittee substitute printed 24107583D-H1
2024-02-09HouseReported from Courts of Justice with substitute (12-Y 10-N)
2024-02-02HouseSubcommittee recommends reporting with substitute (5-Y 3-N)
2024-01-31HouseAssigned Courts sub: Criminal
2023-12-19HouseReferred to Committee for Courts of Justice
2023-12-19HousePrefiled 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)

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
18256.3(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+sum+HB36
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB36+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB36H1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB36ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0161+hil
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/24106962D.pdf
Amendmenthttps://committees.lis.virginia.gov/pdfs/24106962D.pdf
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/24107583D.pdf
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+HB36F160+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+HB36F122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+HB36FH1160+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+HB36FH1122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+HB36FER122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+H0801V0099+HB0036
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+H08V0162+HB0036
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+HV0672+HB0036
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+S13V0266+HB0036
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+S05V0475+HB0036
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+SV0819HB0036+HB0036
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+SV0856HB0036+HB0036

Bill Comments

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