Passed Virginia Firearm Legislation SB44
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 (CHAP0162)
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'.
3 sponsors: Schuyler VanValkenburg (D); Adam Ebbin (D); Jennifer Boysko (D);
Percentage of Senate sponsoring bill: 8% (3 of 40)
History
| Chamber | Date | Action |
| Mar 26, 2024 | Governor: Acts of Assembly Chapter text (CHAP0162) | |
| Mar 26, 2024 | Governor: Approved by Governor-Chapter 162 (effective 7/1/24) | |
| Mar 11, 2024 | Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024 | |
| Senate | Mar 11, 2024 | Enrolled Bill Communicated to Governor on March 11, 2024 |
| Senate | Feb 28, 2024 | Signed by President |
| Senate | Feb 26, 2024 | Bill text as passed Senate and House (SB44ER) |
| House | Feb 26, 2024 | Signed by Speaker |
| Senate | Feb 26, 2024 | Enrolled |
| House | Feb 21, 2024 | Passed House (55-Y 43-N) |
| House | Feb 21, 2024 | VOTE: Passage (55-Y 43-N) |
| House | Feb 21, 2024 | Read third time |
| House | Feb 20, 2024 | Read second time |
| House | Feb 16, 2024 | Reported from Public Safety (13-Y 9-N) |
| House | Feb 15, 2024 | Placed on Calendar |
| House | Feb 15, 2024 | Read first time |
| House | Feb 15, 2024 | Referred to Committee on Public Safety |
| Senate | Feb 13, 2024 | Read third time and passed Senate (27-Y 13-N) |
| Senate | Feb 12, 2024 | Engrossed by Senate - committee substitute SB44S2 |
| Senate | Feb 12, 2024 | Finance and Appropriations Committee substitute agreed to 24107464D-S2 |
| Senate | Feb 12, 2024 | Read second time |
| Senate | Feb 12, 2024 | Reading of substitute waived |
| Senate | Feb 12, 2024 | Courts of Justice Committee substitute rejected 24106369D-S1 |
| Senate | Feb 9, 2024 | Constitutional reading dispensed (39-Y 0-N) |
| Senate | Feb 8, 2024 | Committee substitute printed 24107464D-S2 |
| Senate | Feb 8, 2024 | Reported from Finance and Appropriations with substitute (14-Y 1-N) |
| Senate | Jan 31, 2024 | Committee substitute printed 24106369D-S1 |
| Senate | Jan 31, 2024 | Rereferred to Finance and Appropriations |
| Senate | Jan 31, 2024 | Substitute bill reprinted 24106369D-S1 |
| Senate | Jan 31, 2024 | Reported from Courts of Justice with substitute (13-Y 0-N 2-A) |
| Senate | Jan 10, 2024 | Moved from Judiciary to Courts of Justice due to a change of the committee name |
| Senate | Dec 19, 2023 | Prefiled and ordered printed; offered 01/10/24 24100621D |
| Senate | 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 | Feb 26, 2024 | state link | bill text |
| Comm Sub | Feb 8, 2024 | state link | bill text |
| Comm Sub | Jan 31, 2024 | state link | bill text |
| Prefiled | Dec 19, 2023 | state link | bill text |
Amendments
| Title | Description | Date | State Link | Text | Adopted |
| Substitute for Committee: S-Finance and Appropriations, Subcommittee: Public Safety & Claims | Substitute for Committee: S-Finance and Appropriations, Subcommittee: Public Safety & Claims | Feb 7, 2024 | State Link | amendment text | No |
| Substitute for SB44 for S-Courts of Justice | Substitute for SB44 for S-Courts of Justice | Jan 31, 2024 | State Link | amendment text | No |
Votes - Click on description to view vote roll call
| Description | Vote Date | Yea Votes | Nay Votes | No Votes | Absent | Passed |
| Senate: Reported from Courts of Justice with substitute (13-Y 0-N 2-A) | 01/31/2024 | 13 | 0 | 2 | 0 | Yes |
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| Senate: Reported from Finance and Appropriations with substitute (14-Y 1-N) | 02/8/2024 | 14 | 1 | 0 | 0 | Yes |
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| Senate: Constitutional reading dispensed (39-Y 0-N) | 02/9/2024 | 39 | 0 | 0 | 1 | Yes |
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| Senate: Read third time and passed Senate (27-Y 13-N) | 02/13/2024 | 27 | 13 | 0 | 0 | Yes |
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| House: Reported from Public Safety (13-Y 9-N) | 02/16/2024 | 13 | 9 | 0 | 0 | Yes |
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| House: VOTE: Passage (55-Y 43-N) | 02/21/2024 | 55 | 43 | 0 | 2 | Yes |
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Link: link to state bill page
