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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2024 SESSION
Chair: Scott A. Surovell
Clerk: Michael Jackson Ashleigh Hynst
Staff: Sabrina Miller-B Taylor Mey
Date of Meeting: January 29, 2024
Time and Place: 8 AM Senate Room A (305) / GAB 3rd Floor
Update: Added - SB394 / Removed - SB515
Patrons: VanValkenburg, Ebbin
Owner of firearm; use of firearm by minor in an unlawful manner or to cause bodily injury; penalties. Creates a Class 1 misdemeanor for an owner of a firearm, as defined in the bill, who (i) allows a minor to possess such firearm or (ii) knows or reasonably should know that a minor is in close proximity, as defined in the bill, to such firearm as to allow such minor to possess or transport such firearm in violation of law and such minor (a) uses such firearm in an unlawful manner; (b) possesses such firearm within any school zone or within any building or property deemed a gun-free zone by a school board; or (c) in the case of an owner of a firearm who allows a minor to possess such firearm, uses such firearm to intentionally or with gross negligence cause bodily injury to himself or another person or in the case of an owner of a firearm who knows or reasonably should know that a minor is in close proximity to a firearm, uses such firearm to cause bodily injury to himself or another person. The bill elevates the penalty to a Class 5 felony if such owner of a firearm knows or reasonably should know that such minor has been charged with, convicted of, or adjudicated delinquent of a violent juvenile felony or has been the subject of a school-initiated threat assessment that has classified the risk posed by the minor as moderate, high, or eminent.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-56.3, relating to owner of firearm; use of firearm by minor in an unlawful manner or to cause bodily injury; penalties.24100621D
Patron: McDougle
Carrying a firearm or explosive material within Capitol Square and the surrounding area, into a building owned or leased by the Commonwealth, etc.; exceptions for law-enforcement officers. Adds an exception for off-duty law-enforcement officers to the prohibition of carrying a firearm within any building owned or leased by the Commonwealth or any agency thereof or any office where employees of the Commonwealth or any agency thereof are regularly present for the purpose of performing their official duties.
A BILL to amend and reenact § 18.2-283.2 of the Code of Virginia, relating to carrying a firearm or explosive material within Capitol Square and the surrounding area, into a building owned or leased by the Commonwealth, etc.; exceptions for law-enforcement officers.24103135D
Patron: Salim
Carrying a concealed handgun onto the premises of any restaurant; penalty. Makes it a Class 2 misdemeanor for any person, except for active and qualified retired law-enforcement officers, to carry a concealed handgun onto the premises of any restaurant or club for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Authority. Under current law, a concealed handgun permit holder may carry a concealed handgun onto the premises of any restaurant or club that sells alcoholic beverages, but he is guilty of a Class 2 misdemeanor if he consumes an alcoholic beverage while on the premises.
A BILL to amend and reenact § 18.2-308.012 of the Code of Virginia, relating to carrying a concealed handgun onto the premises of any restaurant; penalty.24103837D
Patron: Diggs
Firearms-related offenses; mandatory minimum sentences; penalty. Increases from five to 10 years for a second or subsequent offense the mandatory minimum sentences for use or display of a firearm during the commission of certain felonies.
A BILL to amend and reenact §18.2-53.1 of the Code of Virginia, relating to use or display of firearm in committing felony; mandatory minimum sentences; penalty.24102842D
Patron: DeSteph
Use, display, or concealment of firearm in committing certain felonies; penalty. Provides that a person is guilty of a separate felony if he carries about his person any pistol, shotgun, rifle, or other firearm that is hidden from common observation while committing or attempting to commit certain other felonies. The bill also increases from three to five years for a first offense and from five to 10 years for a second or subsequent offense the mandatory minimum sentences for use or display of a firearm during the commission of certain felonies.
A BILL to amend and reenact § 18.2-53.1 of the Code of Virginia, relating to use, display, or concealment of firearm in committing certain felonies; penalty.24102031D
Patron: Surovell
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; or (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 whether evidence of recent acquisition of a firearm or ammunition by the person who is subject to the order is provided by the respondent. 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.
A BILL to amend and reenact §§ 19.2-152.13 and 19.2-152.14 of the Code of Virginia, relating to substantial risk orders; substantial risk factors and considerations.24102865D
Patron: Salim
Purchase of firearms; age requirement; penalty. Prohibits any person under 21 years of age from purchasing a firearm, with exceptions for the purchase of a rifle or shotgun by a law-enforcement officer, correctional officer, jail officer, or member of the Armed Forces of the United States, the Virginia National Guard, or the National Guard of any other state. Accordingly, the bill prohibits a licensed dealer from selling, renting, trading, or transferring from his inventory a firearm to any person under 21 years of age, with the same exceptions. A violation of either prohibition is a Class 6 felony. The bill also expands the definition of "assault firearm" as the term applies to criminal history record information checks.
A BILL to amend and reenact § 18.2-308.2:2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.7:1, relating to purchase of firearms; age requirement; penalty.24104749D
Patron: Perry
Compensation of court-appointed counsel. Raises the limitation of fees that court-appointed counsel can receive for representation on various offenses in district and circuit courts.
A BILL to amend and reenact § 19.2-163 of the Code of Virginia, relating to compensation of court-appointed counsel.24104915D
Patron: Boysko
Assault and battery of a law-enforcement officer; penalty. Reduces the penalty for assault and battery of a law-enforcement officer from a Class 6 felony to a Class 1 misdemeanor and reduces the mandatory minimum term of confinement from six months to 10 days. The bill also specifies that a person must commit assault and battery that results in bodily injury to be guilty of the enhanced offense. Lastly, the bill provides that no person shall be subject to arrest or prosecution for assault and battery of a law-enforcement officer if, at the time of such assault and battery, the officer was responding to an emergency call to summon fire, police, or emergency medical services in a situation where the individual is experiencing a crisis and whose behaviors are consistent with (i) mental illness or (ii) an intellectual disability or a developmental disability.
A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault and battery of a law-enforcement officer; penalty.24104571D
Patron: Ebbin
Elections; protection of election officials; penalty. Adds current or former status as an election official or employee of an election official to the categories of victims whose intentional selection for a hate crime involving assault, assault and battery, or trespass for the purpose of damaging another's property results in a higher criminal penalty for the offense. The bill also adds current or former status as an election official or employee of an election official to the categories of hate crimes that are to be reported to the central repository of information regarding hate crimes maintained by the Virginia State Police. The bill provides that a person who is subjected to acts of intimidation or harassment, violence directed against his person, or vandalism to his real or personal property, where such acts are motivated by current or former status as an election official or employee of an election official, may bring a civil action to recover his damages. The bill also provides that no provider or user of an interactive computer service on the Internet shall be liable for any action voluntarily taken by it in good faith to restrict access to material that the provider or user considers to be intended to incite hatred on the basis of current or former status as an election official or employee of an election official. The bill also adds to the list of protected voters any election official or employee of an election official. Protected voters are permitted by law to provide on the application for voter registration, in addition to the voter's residence street address, a post office box address located within the Commonwealth, which would be the address included on (i) lists of registered voters and persons who voted, (ii) voter registration records made available for public inspection, and (iii) lists of absentee voter applicants. The bill also makes it a Class 5 felony to hinder or prevent an election official or employee of an election official from administering elections. Under current law, it is only a Class 5 felony to hinder or prevent an officer of election at a location being used for voting from holding an election.
A BILL to amend and reenact §§ 8.01-42.1, 8.01-49.1, 18.2-57, 18.2-121, 18.2-461, 24.2-418, 24.2-1000, and 52-8.5 of the Code of Virginia, relating to elections; protection of election officials; penalty.24104854D
Patron: Boysko
Storage of firearms in a residence where a minor or person prohibited from possessing a firearm is present; penalty. Requires any person who possesses a firearm in a residence where such person knows that a minor under 18 years of age or a person who is prohibited by law from possessing a firearm is present to store such firearm and the ammunition for such firearm in a locked container, compartment, or cabinet that is inaccessible to such minor or prohibited person. The bill provides that a violation is a Class 4 misdemeanor. The bill exempts (i) any person in lawful possession of a firearm who carries such firearm on or about his person and (ii) the storage of antique firearms and provides that the lawful authorization of a minor to access a firearm is not a violation of the bill's provisions. The bill also requires firearm dealers to post a notice stating such firearm storage requirements and the penalty for improperly storing such firearms.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.7:1, relating to storage of firearms in a residence where a minor or person prohibited from possessing a firearm is present; penalty.
24104295D
Patron: Deeds
Carrying a firearm or explosive material within Capitol Square or building owned or leased by the Commonwealth; exemptions; public institutions of higher education; penalty. Limits the exemption from the prohibition on the carrying of any firearm or explosive material within any building owned or leased by the Commonwealth or agency thereof or any office where employees of the Commonwealth or any agency thereof are regularly present for the purpose of performing their official duties that currently applies to any property owned or operated by a public institution of higher education to instead apply to any individual within a building owned or operated by a public institution of higher education who possesses a weapon as part of such public institution of higher education's curriculum or activities or as part of any organization authorized by such public institution of higher education to conduct its programs or activities within such building.
A BILL to amend and reenact § 18.2-283.2 of the Code of Virginia, relating to carrying a firearm or explosive material within Capitol Square or building owned or leased by the Commonwealth; exemptions; public institutions of higher education; penalty.24100412D
Patron: Perry
Carnal knowledge and sexual battery; persons detained or arrested by a law-enforcement officer, confidential informants, pretrial defendants or posttrial offenders; penalty. Provides that an accused is guilty of carnal knowledge of a person serving as a confidential informant if he (i) is a law-enforcement officer; (ii) is in a position of authority over the person serving as a confidential informant; (iii) knows that such person is serving as a confidential informant for a private, local, or state law-enforcement agency; and (iv) carnally knows, without use of force, threat, or intimidation, a person serving as a confidential informant. The bill provides that such offense is a Class 6 felony.
The bill also provides an accused is guilty of sexual battery if he sexually abuses (a) a person detained or arrested by a law-enforcement officer and the accused is law-enforcement officer, (b) a pretrial defendant or posttrial offender and the accused is an owner or employee of the bail company that posted the pretrial defendant's or posttrial offender's bond, or (c) a person serving as a confidential informant and the accused is a law-enforcement officer. Current law provides that sexual battery is a Class 1 misdemeanor for a first offense and a Class 6 felony for a third or subsequent offense.
A BILL to amend and reenact §§ 18.2-64.2 and 18.2-67.4 of the Code of Virginia, relating to carnal knowledge and sexual battery; persons detained or arrested by a law-enforcement officer, confidential informants, pretrial defendants or posttrial offenders; penalty.24104794D
Patron: Marsden
Parental admission of minors for inpatient treatment. Clarifies that for the purposes of admission of a minor to a willing mental health facility for inpatient treatment, the finding required to be made by a qualified evaluator that the minor appears to have a mental illness serious enough to warrant inpatient treatment may include a finding of substance abuse and such inpatient treatment may be related to such mental illness or substance abuse. The bill also specifies that a temporary detention order shall not be required for a minor 14 years of age or older who objects to admission to be admitted to a willing facility upon the application of a parent. This bill is a recommendation of the Virginia Commission on Youth.
A BILL to amend and reenact §§ 16.1-338 and 16.1-339 of the Code of Virginia, relating to parental admission of minors for inpatient treatment.24101727D
Patron: Carroll Foy
Firearm industry members; standards of responsible conduct; civil liability. Creates standards of responsible conduct for firearm industry members and requires such members to establish and implement reasonable controls regarding the manufacture, sale, distribution, use, and marketing of the firearm industry member's firearm-related products, as those terms are defined in the bill. Such reasonable controls include reasonable procedures, safeguards, and business practices that are designed to (i) prevent the sale or distribution of a firearm-related product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under state or federal law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or unlawfully harm another or of unlawfully possessing or using a firearm-related product; (ii) prevent the loss of a firearm-related product or theft of a firearm-related product from a firearm industry member; (iii) ensure that the firearm industry member complies with all provisions of state and federal law and does not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm-related product; and (iv) ensure that the firearm industry member does not engage in an act or practice in violation of the Virginia Consumer Protection Act. The bill also provides that a firearm industry member may not knowingly or recklessly create, maintain, or contribute to a public nuisance, as defined in the bill, through the sale, manufacturing, importing, or marketing of a firearm-related product. The bill creates a civil cause of action for the Attorney General or a local county or city attorney to enforce the provisions of the bill or for any person who has been injured as a result of a firearm industry member's violation to seek an injunction and to recover costs and damages.
A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 57, consisting of sections numbered 59.1-603, 59.1-604, and 59.1-605, relating to firearm industry members; standards of responsible conduct; civil liability.
24104526D
Patron: Williams Graves
Fines and costs; period of limitations on collection. Changes the period of limitations for the collection of court fines and costs from within 60 years from the date of the offense or delinquency giving rise to imposition of such penalty if imposed by a circuit court or within 30 years if imposed by a general district court to within 10 years from the date of the judgment whether imposed by a circuit court or general district court. The bill provides that upon the expiration of the period of limitations, the fines imposed and costs taxed are extinguished, there shall be no right to collect the debt, and the period of limitations shall not be extended or revived on account of a partial payment; a written or verbal affirmation of any fines, monetary penalties, or costs; or a change in collection methods.
A BILL to amend and reenact §§ 19.2-340 and 19.2-341 of the Code of Virginia, relating to fines and costs; period of limitations on collection.24101826D
Patron: Jordan
Commercial entity offering social media accounts; restricted hours for minors; civil liability. Provides that no commercial entity that offers social media accounts, as defined in the bill, shall knowingly or intentionally allow a minor to access his social media account during the hours of 12:00 a.m. to 6:00 a.m. unless the minor's parent, guardian, or legal custodian has provided permission for the minor to use such social media account during these hours. The bill provides that any commercial entity that violates these provisions shall be subject to civil liability for damages resulting from the interference with a minor's sleep cycle or mental health by allowing such minor to access to his social media account during the hours of 12:00 a.m. to 6:00 a.m. and reasonable attorney fees and costs.
A BILL to amend the Code of Virginia by adding a section numbered 8.01-40.6, relating to commercial entity offering social media accounts; restricted hours for minors; civil liability.24104696D
Patron: Obenshain
Virginia Public Safety Communications Infrastructure Fund and Program established. Establishes the Virginia Public Safety Communications Infrastructure Fund and Program, to be administered by the Department of Emergency Management and financially managed by the Virginia Resources Authority, for the purpose of making loans and awarding grants to local governments for the purpose of assisting with improvement projects relating to public safety radio and communications infrastructure.
A BILL to amend the Code of Virginia by adding in Title 9.1 a chapter numbered 16, consisting of a section numbered 9.1-1600, relating to Virginia Public Safety Communications Infrastructure Grant Fund and Program established.24102499D
Patron: Diggs
Carrying a firearm or explosive material into a building owned or leased by the Commonwealth; exception for highway rest areas. Provides that the prohibition on carrying a firearm or explosive material in any building owned or leased by the Commonwealth shall not apply to any highway rest area.
A BILL to amend and reenact § 18.2-283.2 of the Code of Virginia, relating to carrying a firearm or explosive material into a building owned or leased by the Commonwealth; exception for highway rest areas.24102648D
Patron: Bagby
Deferred or installment payment agreements; certain benefits; maximum amounts to be paid. Requires the court to inform any defendant entering into a payment agreement that no payment is required if such defendant's sole financial resource is a Social Security benefit or Supplemental Security income. The bill further specifies that, if such defendant has an additional non-exempt financial resource or source of income, no payment required shall exceed the maximum amount that would be subject to garnishment.
A BILL to amend and reenact § 19.2-354.1 of the Code of Virginia, relating to deferred or installment payment agreements; certain benefits; maximum amounts to be paid.24103452D
Patron: Deeds
Court fines and fees; indigent defendant; waiver of fees. Provides that in any criminal or traffic case, the court may waive the assessment of certain fees specified in the bill, either wholly or in part, if the court determines the defendant to be indigent pursuant to relevant law and is unable to pay such fee. The bill provides that the court may make such determination upon motion of the defendant at any time prior to the entry of order for which such fee is assessed or final order has been entered.
A BILL to amend and reenact § 19.2-362 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-362.1, relating to court fines and fees; indigent defendant; waiver of fees.24100553D
Patron: Perry
Purchase, possession, or transportation of firearm following an assault and battery against a person in a dating relationship with the alleged offender, penalty. Provides that any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2024, for the offense of assault and battery against a person in a dating relationship, as defined in the bill, with the alleged offender or an offense substantially similar under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor.
A BILL to amend and reenact § 18.2-308.1:8 of the Code of Virginia, relating to purchase, possession, or transportation of firearm following an assault and battery against a person in a dating relationship with the alleged offender; penalty.24105186D
Patron: French
Criminal Injuries Compensation Fund; claims.
A BILL to amend and reenact § 19.2-368.5 of the Code of Virginia, relating to Criminal Injuries Compensation Fund; claims.24105210D
Patron: Durant
State psychiatric hospitals; temporary detention orders; delayed admission to determine medical needs. Allows state psychiatric hospitals to delay admission of an individual under a temporary detention order until the state psychiatric hospital has determined that the individual does not have potentially life-threatening medical needs that require immediate evaluation and treatment that the state psychiatric hospital is incapable of providing. This bill is a recommendation of the Joint Legislative Audit and Review Commission and the Behavioral Health Commission.
A BILL to amend and reenact §§ 16.1-340.1:1 and 37.2-809.1 of the Code of Virginia, relating to state psychiatric hospitals; temporary detention orders; delayed admission to determine medical needs.24103979D
Patron: Williams Graves
Fines, costs, forfeitures, penalties, and restitution; collection fees; assessment against incarcerated defendant; deferred payment agreement. Extends from 90 days without payment to 180 days without payment the period of delinquency necessary for an account to be included on the required monthly report of delinquent accounts made by the clerk of the circuit court and district court.
The bill also provides that for any defendant sentenced to an active term of incarceration and ordered to pay any fine, cost, forfeiture, or penalty related to the charge that such defendant is incarcerated for, or any other charge that such defendant is convicted of, the court shall enter such defendant into a deferred payment agreement for such fines, costs, forfeitures, or penalties. The bill requires the due date for such deferred payment agreement to be set no earlier than the defendant's scheduled release from incarceration on the charge for which such defendant received the longest period of active incarceration.
A BILL to amend and reenact §§ 19.2-349 and 19.2-354 of the Code of Virginia, relating to fines, costs, forfeitures, penalties, and restitution; collection fees; assessment against incarcerated defendant; deferred payment agreement.24104759D