VA SB258 | 2024 | Regular Session
Status
Spectrum: Partisan Bill (Democrat 2-0)
Status: Vetoed on March 26 2024 - 100% progression
Action: 2024-04-17 - Requires 2/3 members present
Text: Latest bill text (Enrolled) [HTML]
Status: Vetoed on March 26 2024 - 100% progression
Action: 2024-04-17 - Requires 2/3 members present
Text: Latest bill text (Enrolled) [HTML]
Summary
Substantial risk orders; substantial risk factors and considerations. Provides various factors that a judge or magistrate must consider for the purpose of determining probable cause prior to issuing an emergency substantial risk order or a substantial risk order. The bill provides that such factors shall include whether the person who is subject to the order (i) committed any acts of violence or criminal offenses resulting in injury to himself or another person within the six months prior to the filing of the petition; (ii) made any threats or used any physical force against another person that resulted in injury within the six months prior to the filing of the petition; (iii) violated any provision of a protective order issued or was arrested for stalking within the six months prior to the filing of the petition; (iv) was convicted of any offense that would prohibit such person from possessing a firearm; (v) engaged in any conduct within the year prior to the filing of the petition that demonstrated a pattern of violent acts or threats to another person, including any acts or threats made against family members, neighbors, coworkers, or toward schools or students or government buildings or employees; (vi) committed any acts of violence or criminal offenses against an animal within the six months prior to the filing of the petition; (vii) made any attempt or threat of suicide or any act, attempted act, or threat of self-harm that caused or may have caused serious bodily injury; or (viii) recently acquired a firearm or ammunition, with evidence of such recent acquisition provided by the petitioner. The bill also outlines various other factors that a judge or magistrate may consider for the purpose of issuing an emergency substantial risk order or a substantial risk order. The bill also provides that possession includes actual access or the potential to readily access a firearm for the purposes of finding if a person possesses a firearm or if such firearm shall be voluntarily relinquished. Substantial risk orders; substantial risk factors and considerations. Provides various factors that a judge or magistrate must consider for the purpose of determining probable cause prior to issuing an emergency substantial risk order or a substantial risk order. The bill provides that such factors shall include whether the person who is subject to the order (i) committed any acts of violence or criminal offenses resulting in injury to himself or another person within the six months prior to the filing of the petition; (ii) made any threats or used any physical force against another person that resulted in injury within the six months prior to the filing of the petition; (iii) violated any provision of a protective order issued or was arrested for stalking within the six months prior to the filing of the petition; (iv) was convicted of any offense that would prohibit such person from possessing a firearm; (v) engaged in any conduct within the year prior to the filing of the petition that demonstrated a pattern of violent acts or threats to another person, including any acts or threats made against family members, neighbors, coworkers, or toward schools or students or government buildings or employees; (vi) committed any acts of violence or criminal offenses against an animal within the six months prior to the filing of the petition; (vii) made any attempt or threat of suicide or any act, attempted act, or threat of self-harm that caused or may have caused serious bodily injury; or (viii) recently acquired a firearm or ammunition, with evidence of such recent acquisition provided by the petitioner. The bill also outlines various other factors that a judge or magistrate may consider for the purpose of issuing an emergency substantial risk order or a substantial risk order. The bill also provides that possession includes actual access or the potential to readily access a firearm for the purposes of finding if a person possesses a firearm or if such firearm shall be voluntarily relinquished.
Title
Substantial risk orders or factors.
Sponsors
Roll Calls
2024-04-17 - Senate - Senate: Passed in enrolled form rejected (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2024-02-28 - House - House: VOTE: Passage (52-Y 47-N) (Y: 52 N: 47 NV: 0 Abs: 1) [PASS]
2024-02-23 - House - House: Reported from Public Safety (12-Y 9-N) (Y: 12 N: 9 NV: 0 Abs: 1) [PASS]
2024-02-22 - House - House: Subcommittee recommends reporting (6-Y 3-N) (Y: 6 N: 3 NV: 0 Abs: 1) [PASS]
2024-02-06 - Senate - Senate: Passed Senate (21-Y 18-N) (Y: 21 N: 18 NV: 0 Abs: 1) [PASS]
2024-02-06 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-06 - Senate - Senate: Engrossment reconsidered by Senate (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-01-31 - Senate - Senate: Reported from Courts of Justice with amendments (9-Y 6-N) (Y: 9 N: 6 NV: 0 Abs: 0) [PASS]
2024-02-28 - House - House: VOTE: Passage (52-Y 47-N) (Y: 52 N: 47 NV: 0 Abs: 1) [PASS]
2024-02-23 - House - House: Reported from Public Safety (12-Y 9-N) (Y: 12 N: 9 NV: 0 Abs: 1) [PASS]
2024-02-22 - House - House: Subcommittee recommends reporting (6-Y 3-N) (Y: 6 N: 3 NV: 0 Abs: 1) [PASS]
2024-02-06 - Senate - Senate: Passed Senate (21-Y 18-N) (Y: 21 N: 18 NV: 0 Abs: 1) [PASS]
2024-02-06 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-06 - Senate - Senate: Engrossment reconsidered by Senate (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-01-31 - Senate - Senate: Reported from Courts of Justice with amendments (9-Y 6-N) (Y: 9 N: 6 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2024-04-17 | Senate | Requires 2/3 members present |
| 2024-04-17 | Senate | Passed in enrolled form rejected (21-Y 19-N) |
| 2024-03-26 | Governor: Vetoed by Governor | |
| 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 |
| 2024-03-07 | Senate | Signed by President |
| 2024-03-04 | House | Signed by Speaker |
| 2024-03-04 | Senate | Bill text as passed Senate and House (SB258ER) |
| 2024-03-04 | Senate | Enrolled |
| 2024-02-28 | House | VOTE: Passage (52-Y 47-N) |
| 2024-02-28 | House | Passed House (52-Y 47-N) |
| 2024-02-28 | House | Read third time |
| 2024-02-27 | House | Read second time |
| 2024-02-23 | House | Reported from Public Safety (12-Y 9-N) |
| 2024-02-22 | House | Subcommittee recommends reporting (6-Y 3-N) |
| 2024-02-19 | House | Assigned PS sub: Firearms |
| 2024-02-16 | House | Referred to Committee on Public Safety |
| 2024-02-16 | House | Referred from Courts of Justice by voice vote |
| 2024-02-13 | House | Referred to Committee for Courts of Justice |
| 2024-02-13 | House | Read first time |
| 2024-02-13 | House | Placed on Calendar |
| 2024-02-06 | Senate | Passed Senate (21-Y 18-N) |
| 2024-02-06 | Senate | Constitutional reading dispensed (39-Y 0-N) |
| 2024-02-06 | Senate | Printed as reengrossed 24102865D-E2 |
| 2024-02-06 | Senate | Reengrossed by Senate as amended SB258E2 |
| 2024-02-06 | Senate | Committee amendment #1 agreed to |
| 2024-02-06 | Senate | Reading of amendment waived |
| 2024-02-06 | Senate | Engrossment reconsidered by Senate (39-Y 0-N) |
| 2024-02-05 | Senate | Printed as engrossed 24102865D-E |
| 2024-02-05 | Senate | Engrossed by Senate as amended SB258E |
| 2024-02-05 | Senate | Committee amendments #'s 2, 3 and 4 agreed to |
| 2024-02-05 | Senate | Reading of amendments waived |
| 2024-02-05 | Senate | Read second time |
| 2024-02-02 | Senate | Constitutional reading dispensed (38-Y 0-N) |
| 2024-01-31 | Senate | Reported from Courts of Justice with amendments (9-Y 6-N) |
| 2024-01-10 | Senate | Moved from Judiciary to Courts of Justice due to a change of the committee name |
| 2024-01-09 | Senate | Referred to Committee for Courts of Justice |
| 2024-01-09 | Senate | Prefiled and ordered printed; offered 01/10/24 24102865D |
Subjects
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 19 | 2 | 152.13 | (n/a) | See Bill Text |
| 19 | 2 | 152.14 | (n/a) | See Bill Text |
