Virginia Senate Bill 684 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Democrat 1-0)
Status: Passed on April 11 2020 - 100% progression
Action: 2020-04-11 - Governor: Acts of Assembly Chapter text (CHAP1175)
Text: Latest bill text (Chaptered) [HTML]

Involuntary commitment and restoration of firearm rights. Responds to the holding in Paugh v. Henrico Area Mental Health and Developmental Services, Record No. 121562 (2013), in which the Supreme Court of Virginia held that on appeal by trial de novo in circuit court of an order of involuntary commitment by a district court, upon the circuit court's finding that the appellant no longer meets the criteria for involuntary commitment, the proper remedy is dismissal of the Commonwealth's petition for involuntary commitment, thereby rendering the original commitment order a nullity. As such, because the original petition would in effect never have existed, forfeiture of the right to possess a firearm as required by § 18.2-308.1:3 upon involuntary commitment would no longer be in effect. Section 18.2-308.1:3 requires that a person who has been involuntarily committed and seeks to have his firearm rights restored petition a district court for restoration of his firearm rights. The ruling in Paugh, by requiring dismissal of the original petition for commitment, removes that requirement even though on the date of the original commitment hearing the person did meet the criteria for commitment and was, in fact, involuntarily committed. The bill provides that, notwithstanding the outcome of any appeal (trial de novo on the petition for commitment) taken pursuant to § 37.2-821 or § 16.1-345.6, the appellant shall be required to seek restoration of his firearm rights. The bill also provides that, upon a finding by the circuit court that the appellant no longer meets the criteria for involuntary commitment or mandatory outpatient treatment, the court shall reverse the order of the district court but shall not dismiss the Commonwealth's petition. As a consequence of these changes, a person who is involuntarily committed would be required to petition for restoration of his firearm rights notwithstanding the reversal of the commitment order by a circuit court.

Firearms; mental health as disqualifier for possession, etc.

Sen. Monty Mason [D]

2020-03-02 - Senate - Senate: House substitute agreed to by Senate (38-Y 2-N) (Y: 38 N: 2 NV: 0 Abs: 0) [PASS]
2020-02-27 - House - House: VOTE: Passage (95-Y 3-N) (Y: 95 N: 3 NV: 2 Abs: 0) [PASS]
2020-02-24 - House - House: Reported from Courts of Justice with substitute (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2020-02-19 - House - House: Subcommittee recommends reporting with substitute (7-Y 0-N) (Y: 7 N: 0 NV: 1 Abs: 0) [PASS]
2020-02-06 - Senate - Senate: Read third time and passed Senate (39-Y 1-N) (Y: 39 N: 1 NV: 0 Abs: 0) [PASS]
2020-02-04 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2020-02-03 - Senate - Senate: Reported from Judiciary (13-Y 0-N 1-A) (Y: 13 N: 0 NV: 0 Abs: 1) [PASS]

Date	Chamber	Action
2020-04-11		Governor: Acts of Assembly Chapter text (CHAP1175)
2020-04-11		Governor: Approved by Governor-Chapter 1175 (effective 7/1/20)
2020-03-12		Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
2020-03-12	Senate	Enrolled Bill Communicated to Governor on March 12, 2020
2020-03-06	House	Signed by Speaker
2020-03-06	Senate	Signed by President
2020-03-06	Senate	Bill text as passed Senate and House (SB684ER)
2020-03-06	Senate	Enrolled
2020-03-02	Senate	Title replaced 20108753D-H1
2020-03-02	Senate	House substitute agreed to by Senate (38-Y 2-N)
2020-02-27	House	VOTE: Passage (95-Y 3-N)
2020-02-27	House	Passed House with substitute (95-Y 3-N)
2020-02-27	House	Engrossed by House as amended SB684H1
2020-02-27	House	Committee substitute agreed to 20108753D-H1
2020-02-27	House	Passed by temporarily
2020-02-27	House	Read third time
2020-02-26	House	Read second time
2020-02-24	House	Committee substitute printed 20108753D-H1
2020-02-24	House	Reported from Courts of Justice with substitute (22-Y 0-N)
2020-02-19	House	Subcommittee recommends reporting with substitute (7-Y 0-N)
2020-02-18	House	Assigned Courts sub: Criminal
2020-02-12	House	Referred to Committee for Courts of Justice
2020-02-12	House	Read first time
2020-02-12	House	Placed on Calendar
2020-02-06	Senate	Read third time and passed Senate (39-Y 1-N)
2020-02-05	Senate	Read second time and engrossed
2020-02-04	Senate	Constitutional reading dispensed (40-Y 0-N)
2020-02-03	Senate	Reported from Judiciary (13-Y 0-N 1-A)
2020-01-07	Senate	Referred to Committee on the Judiciary
2020-01-07	Senate	Prefiled and ordered printed; offered 01/08/20 20104751D

Chapter	Article	Section	Citation Type	Statute Text
18	2	308.1:3	(n/a)	See Bill Text
37	2	821	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB684
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB684+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB684H1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB684ER+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1175+hil
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+S03V0184+SB0684
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV0333SB0684+SB0684
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV0369SB0684+SB0684
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+H0801V0189+SB0684
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+H08V0385+SB0684
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+HV1565+SB0684
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV1346SB0684+SB0684