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HB36

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

Status:
Enacted

Chief Patron:
Rodney Willett (D)

Session:
2024 Regular Session

Summary

As Passed House of Origin. 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. This bill is identical to SB 44. (Less)

  • Bill History

  • 12/19/2023 - House: Prefiled and ordered printed; offered 01/10/24 24101071D
  • 12/19/2023 - House: Impact statement from VCSC (HB36)
  • 12/19/2023 - House: Referred to Committee for Courts of Justice
  • 01/22/2024 - House: Impact statement from DPB (HB36)
  • 01/31/2024 - House: Assigned Courts sub: Criminal
  • 02/02/2024 - House: House subcommittee amendments and substitutes offered
  • 02/02/2024 - House: Subcommittee recommends reporting with substitute (5-Y 3-N)
  • 02/09/2024 - House: House committee, floor amendments and substitutes offered
  • 02/09/2024 - House: Reported from Courts of Justice with substitute (12-Y 10-N)
  • 02/09/2024 - House: Committee substitute printed 24107583D-H1
  • 02/11/2024 - House: Read first time
  • 02/12/2024 - House: Impact statement from VCSC (HB36H1)
  • 02/12/2024 - House: Read second time
  • 02/12/2024 - House: Committee substitute agreed to 24107583D-H1
  • 02/12/2024 - House: Engrossed by House - committee substitute HB36H1
  • 02/13/2024 - House: Read third time and passed House (55-Y 43-N)
  • 02/13/2024 - House: VOTE: Passage (55-Y 43-N)   Close Floor Vote
  • 02/14/2024 - House: Impact statement from DPB (HB36H1)
  • 02/14/2024 - Senate: Constitutional reading dispensed
  • 02/14/2024 - Senate: Referred to Committee for Courts of Justice
  • 02/26/2024 - Senate: Reported from Courts of Justice (12-Y 0-N)
  • 02/26/2024 - Senate: Rereferred to Finance and Appropriations
  • 02/28/2024 - Senate: Reported from Finance and Appropriations (15-Y 0-N)
  • 02/29/2024 - Senate: Constitutional reading dispensed (39-Y 0-N)
  • 03/01/2024 - Senate: Read third time
  • 03/01/2024 - Senate: Passed Senate (40-Y 0-N)
  • 03/07/2024 - House: Enrolled
  • 03/07/2024 - House: Bill text as passed House and Senate (HB36ER)
  • 03/07/2024 - House: Signed by Speaker
  • 03/08/2024 - Senate: Signed by President
  • 03/11/2024 - House: Enrolled Bill communicated to Governor on March 11, 2024
  • 03/11/2024 - Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024
  • 03/12/2024 - House: Impact statement from DPB (HB36ER)
  • 03/26/2024 - Governor: Approved by Governor-Chapter 161 (effective 7/1/24)
  • 03/26/2024 - Governor: Acts of Assembly Chapter text (CHAP0161)

Full text and vote history:

Virginia Legislative Information System

RichmondSunlight.com

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