Passed Virginia Firearm Legislation HB36
Legislation Overview
Title: Abuse and neglect of children; causing or enabling child to gain possession of a firearm, penalty.
Subject: Appropriations: Crimes and Offenses Generally: Firearms: Prisons and Other Methods of Correction: Children
Description: 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.
Session: 2024 Regular Session
Last Action: Governor: Acts of Assembly Chapter text (CHAP0161)
Last Action Date: March 26, 2024
Sponsors
Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.
10 sponsors: Rodney Willett (D); Carrie Coyner (R); Dan Helmer (D); Katrina Callsen (D); Betsy Carr (D); Rae Cousins (D); Michael Jones (D); Amy Laufer (D); Kathy Tran (D); Vivian Watts (D);
Percentage of House Of Delegates sponsoring bill: 10% (10 of 100)
History
| Chamber | Date | Action |
| Mar 26, 2024 | Governor: Acts of Assembly Chapter text (CHAP0161) | |
| Mar 26, 2024 | Governor: Approved by Governor-Chapter 161 (effective 7/1/24) | |
| Mar 11, 2024 | Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024 | |
| House | Mar 11, 2024 | Enrolled Bill communicated to Governor on March 11, 2024 |
| Senate | Mar 8, 2024 | Signed by President |
| House | Mar 7, 2024 | Bill text as passed House and Senate (HB36ER) |
| House | Mar 7, 2024 | Signed by Speaker |
| House | Mar 7, 2024 | Enrolled |
| Senate | Mar 1, 2024 | Passed Senate (40-Y 0-N) |
| Senate | Mar 1, 2024 | Read third time |
| Senate | Feb 29, 2024 | Constitutional reading dispensed (39-Y 0-N) |
| Senate | Feb 28, 2024 | Reported from Finance and Appropriations (15-Y 0-N) |
| Senate | Feb 26, 2024 | Reported from Courts of Justice (12-Y 0-N) |
| Senate | Feb 26, 2024 | Rereferred to Finance and Appropriations |
| Senate | Feb 14, 2024 | Referred to Committee for Courts of Justice |
| Senate | Feb 14, 2024 | Constitutional reading dispensed |
| House | Feb 13, 2024 | Read third time and passed House (55-Y 43-N) |
| House | Feb 13, 2024 | VOTE: Passage (55-Y 43-N) |
| House | Feb 12, 2024 | Read second time |
| House | Feb 12, 2024 | Engrossed by House - committee substitute HB36H1 |
| House | Feb 12, 2024 | Committee substitute agreed to 24107583D-H1 |
| House | Feb 11, 2024 | Read first time |
| House | Feb 9, 2024 | Committee substitute printed 24107583D-H1 |
| House | Feb 9, 2024 | Reported from Courts of Justice with substitute (12-Y 10-N) |
| House | Feb 2, 2024 | Subcommittee recommends reporting with substitute (5-Y 3-N) |
| House | Jan 31, 2024 | Assigned Courts sub: Criminal |
| House | Dec 19, 2023 | Prefiled and ordered printed; offered 01/10/24 24101071D |
| House | Dec 19, 2023 | Referred to Committee for Courts of Justice |
Texts
| Type | Date | State Link | Text |
| Chaptered | Mar 26, 2024 | state link | bill text |
| Enrolled | Mar 7, 2024 | state link | bill text |
| Comm Sub | Feb 9, 2024 | state link | bill text |
| Prefiled | Dec 19, 2023 | state link | bill text |
Amendments
| Title | Description | Date | State Link | Text | Adopted |
| Substitute for HB36 for Committee: Courts of Justice | Substitute for HB36 for Committee: Courts of Justice | Feb 9, 2024 | State Link | amendment text | No |
| Substitute for HB36 Courts of Justice, Criminal | Substitute for HB36 Courts of Justice, Criminal | Feb 2, 2024 | State Link | amendment text | No |
| Substitute for HB36 Courts of Justice, Criminal | Substitute for HB36 Courts of Justice, Criminal | Feb 2, 2024 | State Link | amendment text | Yes |
Votes - Click on description to view vote roll call
| Description | Vote Date | Yea Votes | Nay Votes | No Votes | Absent | Passed |
| House: Subcommittee recommends reporting with substitute (5-Y 3-N) | 02/2/2024 | 5 | 3 | 0 | 1 | Yes |
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| House: Reported from Courts of Justice with substitute (12-Y 10-N) | 02/9/2024 | 12 | 10 | 0 | 0 | Yes |
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| House: VOTE: Passage (55-Y 43-N) | 02/13/2024 | 55 | 43 | 0 | 2 | Yes |
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| Senate: Reported from Courts of Justice (12-Y 0-N) | 02/26/2024 | 12 | 0 | 0 | 0 | Yes |
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| Senate: Reported from Finance and Appropriations (15-Y 0-N) | 02/28/2024 | 15 | 0 | 0 | 0 | Yes |
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| Senate: Constitutional reading dispensed (39-Y 0-N) | 02/29/2024 | 39 | 0 | 0 | 1 | Yes |
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| Senate: Passed Senate (40-Y 0-N) | 03/1/2024 | 40 | 0 | 0 | 0 | Yes |
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Link: link to state bill page
