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SB258

Substantial risk orders or factors.

Status:
Vetoed

Latest Action: April 17, 2024
Senate: Requires 2/3 members present

Chief Patron:
Scott Surovell (D)

Session:
2024 Regular Session

Summary

As Passed House of Origin. 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. (Less)
  • Bill History

  • 01/09/2024 - Senate: Prefiled and ordered printed; offered 01/10/24 24102865D
  • 01/09/2024 - Senate: Referred to Committee for Courts of Justice
  • 01/10/2024 - Senate: Moved from Judiciary to Courts of Justice due to a change of the committee name
  • 01/31/2024 - Senate: Reported from Courts of Justice with amendments (9-Y 6-N)
  • 02/02/2024 - Senate: Constitutional reading dispensed (38-Y 0-N)
  • 02/05/2024 - Senate: Read second time
  • 02/05/2024 - Senate: Reading of amendments waived
  • 02/05/2024 - Senate: Committee amendments #'s 2, 3 and 4 agreed to
  • 02/05/2024 - Senate: Engrossed by Senate as amended SB258E
  • 02/05/2024 - Senate: Printed as engrossed 24102865D-E
  • 02/06/2024 - Senate: Engrossment reconsidered by Senate (39-Y 0-N)
  • 02/06/2024 - Senate: Reading of amendment waived
  • 02/06/2024 - Senate: Committee amendment #1 agreed to
  • 02/06/2024 - Senate: Reengrossed by Senate as amended SB258E2
  • 02/06/2024 - Senate: Printed as reengrossed 24102865D-E2
  • 02/06/2024 - Senate: Constitutional reading dispensed (39-Y 0-N)
  • 02/06/2024 - Senate: Passed Senate (21-Y 18-N)   Close Floor Vote
  • 02/07/2024 - Senate: Impact statement from DPB (SB258E2)
  • 02/13/2024 - House: Placed on Calendar
  • 02/13/2024 - House: Read first time
  • 02/13/2024 - House: Referred to Committee for Courts of Justice
  • 02/16/2024 - House: Referred from Courts of Justice
  • 02/16/2024 - House: Referred to Committee on Public Safety
  • 02/19/2024 - House: Assigned PS sub: Firearms
  • 02/22/2024 - House: Subcommittee recommends reporting (6-Y 3-N)
  • 02/23/2024 - House: Reported from Public Safety (12-Y 9-N)
  • 02/27/2024 - House: Read second time
  • 02/28/2024 - House: Read third time
  • 02/28/2024 - House: Passed House (52-Y 47-N)
  • 02/28/2024 - House: VOTE: Passage (52-Y 47-N)   Close Floor Vote
  • 03/04/2024 - Senate: Enrolled
  • 03/04/2024 - Senate: Bill text as passed Senate and House (SB258ER)
  • 03/04/2024 - Senate: Impact statement from DPB (SB258ER)
  • 03/04/2024 - House: Signed by Speaker
  • 03/07/2024 - Senate: Signed by President
  • 03/11/2024 - Senate: Enrolled Bill Communicated to Governor on March 11, 2024
  • 03/11/2024 - Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024
  • 03/26/2024 - Governor: Vetoed by Governor
  • 04/17/2024 - Senate: Passed in enrolled form rejected (21-Y 19-N)   Close Floor Vote
  • 04/17/2024 - Senate: Requires 2/3 members present