Victims of domestic violence, etc.; firearms safety or training course. (SB1300)

Introduced By

Sen. Jill Holtzman Vogel (R-Winchester)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Victims of domestic violence, etc.; firearms safety or training course. Provides that the Department of Criminal Justice Services may distribute funds from the Virginia Sexual and Domestic Violence Victim Fund to reimburse an entity that offers a firearms safety or training course or class approved by the Department free of charge to victims of domestic violence, sexual abuse, stalking, and family abuse. The bill also requires that, upon the issuance of a protective order, the petitioner for the order be provided with a list of such approved courses or classes. Amends § 16.1-253.1, § 16.1-253.4, § 16.1-279.1, § 19.2-152.10, § 19.2-152.8, § 19.2-152.9, § 9.1-102, § 9.1-116.1, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/10/2017Prefiled and ordered printed; offered 01/11/17 17103054D
01/10/2017Referred to Committee for Courts of Justice
01/18/2017Reported from Courts of Justice (15-Y 0-N) (see vote tally)
01/18/2017Rereferred to Finance
01/23/2017Impact statement from DPB (SB1300)
01/31/2017Reported from Finance with amendment (16-Y 0-N) (see vote tally)
02/01/2017Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/02/2017Read second time
02/02/2017Reading of amendment waived
02/02/2017Committee amendment agreed to
02/02/2017Engrossed by Senate as amended SB1300E
02/02/2017Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/02/2017Passed Senate (28-Y 12-N) (see vote tally)
02/02/2017Printed as engrossed 17103054D-E
02/06/2017Placed on Calendar
02/06/2017Read first time
02/06/2017Referred to Committee on Militia, Police and Public Safety
02/10/2017Reported from Militia, Police and Public Safety with substitute (14-Y 7-N) (see vote tally)
02/10/2017Committee substitute printed 17105394D-H1
02/10/2017Referred to Committee on Appropriations
02/10/2017Assigned App. sub: Public Safety
02/13/2017Impact statement from DPB (SB1300H1)
02/13/2017Reported from Appropriations (15-Y 6-N) (see vote tally)
02/14/2017Read second time
02/15/2017Read third time
02/15/2017Committee substitute agreed to 17105394D-H1
02/15/2017Engrossed by House - committee substitute SB1300H1
02/15/2017Passed House with substitute (68-Y 30-N)
02/15/2017VOTE: PASSAGE (68-Y 30-N) (see vote tally)
02/17/2017Title replaced 17105394D-S1
02/17/2017Reconsideration of House substitute agreed to by Senate (40-Y 0-N) (see vote tally)
02/17/2017House substitute agreed to by Senate (25-Y 15-N) (see vote tally)
02/22/2017Enrolled
02/22/2017Bill text as passed Senate and House (SB1300ER)
02/22/2017Signed by President
02/22/2017Signed by Speaker
02/23/2017Enrolled Bill Communicated to Governor on 2/23/17
02/23/2017G Governor's Action Deadline Midnight, March 27, 2017
02/24/2017Impact statement from DPB (SB1300ER)
03/24/2017G Vetoed by Governor
04/05/2017Senate sustained Governor's veto (22-Y 18-N) (see vote tally)
04/05/2017Requires 27 affirmative votes to override veto

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 4 clips in all, totaling 18 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

OTHER SIDE HAS A RIGHT TO HAVE AN ENTIRELY NEW TRIAL AT THE CIRCUIT COURT, BUT THEY HAVE TO BOND OUT THE RESULT. NOW, THE RESULT IS UP TO 25,000, AND THEN YOU CAN BE AWARDED ATTORNEYS FEES ON TOP OF THAT. QUITE FRANKLY, UP IN OUR PART OF THE STATE, JUDGES ALREADY REQUIRE THE BOND TO COVER THAT PART, SO WHAT HE'S TRYING TO DO IS CLARIFY. BUT HERE'S THE POINT. IF YOU GET A JUDGMENT FOR UP TO $25,000 AND YOU GET AN ATTORNEYS FEES AWARD ON TOP OF IT AND TYPICALLY IT'S IN A CONTRACT BASE SITUATION WHERE THE ATTORNEYS FEES WILL BE A PORTION, MAYBE IT'S 25% OR 20% OF THE OVERALL AMOUNT. YOU'RE ALREADY GOING TO GO OUT AND GET A BOND. AND YOU PUT UP 10%. SO 10% OF 25,000, 10% OF 30,000 OR 10% OF $31,500. THE ACTUAL EFFECT IS NOT THAT MUCH TO THE DEBTOR. IT DOES MAKE A DIFFERENCE, HOWEVER, TO THE CREDITOR, BECAUSE IF YOU DON'T GET THAT PART SECURED AND YOU WIN THE CASE IN CIRCUIT SORT, YOU'VE THEN GOT TO GO INTO A GARNISHMENT PROCEEDING TO GET THE BALL -- BALANCE OF THE MONEY. YOU'RE GOING TO HAVE TO SPEND $3,000 TO GET $5,000. YOU'RE BETTER OFF HAVING A FULL SECURITY ON THE JUDGMENT ON THE FRONT END RATHER THAN HAVING TO FILE MULTIPLE LAWSUITS TO GET THE MONEY BACK. THIS IS MORE EXPLANATION THAN WHAT'S NEEDED. BUT REALLY THIS IS JUST TRYING TO SIMPLIFY LITIGATION BY HAVING ONE BOND REQUIRED AND NOT MULTIPLE BONDS. THANK YOU. THANK YOU. THE SENATOR FROM STAFFORD, SENATOR STUART.

Sen. Richard Stuart (R-Westmoreland): THANK YOU, MR. PRESIDENT. SPEAKING TO THE BILL.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Richard Stuart (R-Westmoreland): MR. PRESIDENT, I JUST STAND TO CONCUR WITH THE TWO GENTLEMEN FROM FAIRFAX. THEY'VE SAID EVERYTHING THAT I THINK NEEDS TO BE SAID. THERE'S BEEN A LITTLE MORE MADE OUT OF THIS THAN REALLY NEEDS TO BE MADE, BUT THERE'S ONE IMPORTANT THING THAT EVERYBODY REALLY NEEDS TO REMEMBER. THE JUDGE ACTUALLY DETERMINES WHAT A REASONABLE AMOUNT OF ATTORNEYS FEES IS, AND THE JUDGE SAYS THAT AMOUNT IN THE CASE. THE JUDGE IS NOT GOING TO SET AN AMOUNT THAT'S A BURDEN TO ANYBODY IF THEY HAVE TO INCLUDE IT IN THE APPEAL BOND. WITH THAT, I HOPE WE PASS THE BILL.

[Unknown]: SENATOR FROM NORTHERN CHESAPEAKE, SENATOR SPRUILL.

Sen. Lionell Spruill (D-Chesapeake): MR. PRESIDENT, I'D LIKE TO KNOW, CAN SOMEONE WHO IS A LAWYER EXPLAIN TO ME, IS THIS A BILL FOR LAWYERS TO MAKE MONEY? IF NOT, I NEED TO KNOW EXACTLY HOW TO VOTE. I'M TRYING TO UNDERSTAND. I NOTICED ALL LAWYERS ARE TALKING. SO CAN SOMEONE EXPLAIN TO ME, I NEED TO KNOW, WHAT ABOUT A PERSON LIKE ME WHO'S NOT A LAWYER. CAN SOMEONE EXPLAIN TO ME, IS THIS A LAWYER'S BILL OR A BILL TO HELP ME? PLEASE, ANYBODY.

Del. Bill Howell (R-Fredericksburg): SENATOR, THE FLOOR HAS GONE QUIET. IT'S TIME TO VOTE. THE QUESTION IS, SHALL SENATE BILL 1342 PASS. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE; THOSE OPPOSED, NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

Sen. Lionell Spruill (D-Chesapeake): AYES 26, NOS 14.

[Unknown]: AYES 26, NOS 14. THE BILL PASSES. UNCONTESTED CALENDAR, SENATE BILLS ON SECOND READING. SENATOR FROM JAMES CITY COUNTY, SENATOR NORMENT.

Sen. Tommy Norment (R-Williamsburg): THANK YOU, MR. PRESIDENT. I WOULD REMIND EVERYONE THAT THESE ARE THE SENATE BILLS ON THE SECOND READING ON THE UNCONTESTED CALENDAR, WHICH WOULD BE MY INTENTION TO TAKE ALL THE WAY THROUGH PASSAGE SUBJECT TO A SINGLE EXCEPTION. MR. PRESIDENT, I RESPECTFULLY MOVE THAT ALL SENATE BILLS ON THE SECOND READING ON THE UNCONTESTED CALENDAR, INCLUDING ALL SENATE BILLS ON PAGES 8 THROUGH 17, INCLUDING SENATE BILL 1551 THROUGH SENATE BILL 1483 BE ENGROSSED AND ADVANCED TO THE THIRD READING IN THE BLOCK AFTER THE ADOPTION OF ANY AMENDMENTS. ANY SENATOR WHO DESIRES TO REMOVE A BILL FROM THE BLOCK SHOULD PLEASE DO SO AFTER THE CLERK HAS READ THE NUMBER OF THAT BILL.

[Unknown]: THANK YOU, SENATOR. THE QUESTION IS, SHALL ALL SENATE BILLS ON SECOND READING ON THE UNCONTESTED CALENDAR, PAGES 8 THROUGH 17, SENATE BILL 1551 THROUGH SENATE BILL 1483, BE ENGROSSED AND ADVANCED TO THEIR THIRD READING IN THE BLOCK AFTER THE ADOPTION OF THE AMENDMENTS THERETO, THAT ANY SENATOR DESIRING TO REMOVE A BILL FROM THE BLOCK WILL DO SO AFTER THE CLERK HAS READ THE NUMBER OF THE BILL. , THOSE OPPOSED, NO. ALL IN FAVOR SAY AYE. THE AYES HAVE. IT THE MOTION IS AGREED TO.

Sen. Tommy Norment (R-Williamsburg): SENATE BILL 1551, REPORTED FROM THE COMMITTEE ON FINANCE

[Unknown]: THE SENATOR FROM BEDFORD, WITH A SUBSTITUTE. SENATOR NEWMAN.

Sen. Steve Newman (R-Forest): MR. PRESIDENT, I MOVE THAT THE SUBSTITUTE BE AGREED TO.

[Unknown]: THE QUESTION IS, SHALL THE COMMITTEE SUBSTITUTE BE AGREED TO? AS MANY AS FAVOR THAT MOTION, SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. SUBSTITUTE IS AGREED TO.

Sen. Steve Newman (R-Forest): SENATE BILL 800 REPORTED FROM THE COMMITTEE FOR COURTS OF JUSTICE -- I'M SORRY, COMMERCE AND LABOR WITH A SUBSTITUTE.

[Unknown]: THE SENATOR FROM FRANKLIN COUNTY, SENATOR STANLEY.

Sen. Bill Stanley (R-Moneta): THANK YOU, MR. PRESIDENT. I MOVE THE COMMITTEE SUBSTITUTE BE AGREED TO.

[Unknown]: THE QUESTION IS SHALL THE SUBSTITUTE BE AGREED TO. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. AYES HAVE IT. SUBSTITUTE IS AGREED TO.

Sen. Bill Stanley (R-Moneta): SENATE BILL 839, REPORTED FROM THE COMMITTEE ON COMMERCE AND LABOR WITH SUBSTITUTE.

[Unknown]: THE SENIOR SENATOR FROM RICHMOND CITY, MR. STURTEVANT.

Sen. Glen Sturtevant (R-Midlothian): THE QUESTION IS SHALL THE COMMITTEE SUBSTITUTE BE AGREED TO.

[Unknown]: ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT.

Sen. Glen Sturtevant (R-Midlothian): SENATE BILL 389, REPORTING FROM THE SENATE BILL ON CHANCE.

[Unknown]: MR. PRESIDENT I WOULD ASK THAT THE COMMITTEE SUBSTITUTE BE AGREED TO. THE QUESTION IS, SHALL THE SUBSTITUTE BE AGREED TO. ALL IN FAVOR OF THE MOTION IS A AYE. THE SUBSTITUTE IS AGREED TO. SENATE BILL 982, REPORTED FROM COMMITTEE ON FINANCE --. PRESIDENT. THE SENATOR FROM ALEXANDER, SENATOR EBBIN.

Sen. Adam Ebbin (D-Alexandria): COULD SENATE BILL 982 COME OUT OF THE BLOCK.

[Unknown]: COME OUT OF THE BLOCK OR VOTE ON IT?

Sen. Adam Ebbin (D-Alexandria): WE'LL DO THAT LATER. WE'LL COME BACK TO YOU.

[Unknown]: SENATE BILL 1060, REPORTED FROM THE COMMITTEE OF COURTS OF JUSTICE WITH A SUBSTITUTE AND FROM THE COMMITTEE ON FINANCE WITH A SUBSTITUTE. THE SENIOR SENATOR FROM LOUDOUN, SENATOR BLACK.

Sen. Dick Black (R-Leesburg): THANK YOU, MR. PRESIDENT. I RECOMMEND WITH A RECOMMENDATION THAT WE REJECT THE COURT SUBSTITUTE, I RECOMMEND THAT THE COMMITTEE SUBSTITUTE BE ADOPT GLOOD THANK WITH THE RECOMMENDATION THAT THE YOU, SENATOR. SUBSTITUTE BE REJECTED, THE QUESTION IS, SHALL THE SUBSTITUTE BE AGREED TO? ALL IN FAVOR OF THOSE, SAY AYE. THOSE OPPOSED, NO. THE NOS HAVE. THE SUBSTITUTE IS REJECTED. THE SENIOR SENATOR FROM LOUDOUN.

[Unknown]: THANK YOU, MR. PRESIDENT. I NOW MOVE THAT THE SUBSTITUTE, THE FINANCE SUBSTITUTE BE ACCEPTED.

Sen. Dick Black (R-Leesburg): YOU THANK YOU. SENATOR. THE QUESTION IS, SHALL THE FINANCE COMMITTEE SUBSTITUTE BE AGREED TO. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE. IT SUBSTITUTE AGREED TO.

[Unknown]: SENATE BILL 1118, REPORTED FROM THE COMMITTEE ON FINANCE. SENATE BILL 1165 REPORTED FROM THE COMMITTEE ON FINANCE. SENATE BILL 1168, REPORTED FROM COMMITTEE ON FINANCE. SENATE BILL 1182 REPORTED ON THE COMMITTEE FOR GENERAL LAWS AND TECHNOLOGY WITH SUBSTITUTE. THE SENATOR FROM SPOTSYLVANIA, SENATOR REEVES.

Sen. Bryce Reeves (R-Spotsylvania): THANK YOU, MR. PRESIDENT, I MOVE THE COMMITTEE SUBSTITUTE.

[Unknown]: THANK YOU, SENATOR. THE QUESTION IS SHALL THE COMMITTEE SUBSTITUTE BE AGREED TO? ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE SUBSTITUTE IS AGREED TO.

Sen. Bryce Reeves (R-Spotsylvania): THE SUBMIT BILL 1193.

[Unknown]: THE SENATOR FROM STAFFORD, SENATOR STUART.

Sen. Richard Stuart (R-Westmoreland): THANK YOU, MR. PRESIDENT. I MOVE THE SUBSTITUTE BE ADOPTED.

[Unknown]: THE QUESTION, SHALL THE SUBSTITUTE BE AGREED TO? ALL IN FAVOR OF THE MOWING, SAY A. THOSE OPPOSED, NO. SUBSTITUTE OO INTREED -- AGREED TO.

Sen. Richard Stuart (R-Westmoreland): SENATE BILL 1300, REPORTS FROM FINANCE WITH AMENDMENT.

[Unknown]: THANK YOU. I MOVE THE OO AMENDMENT BE AGREED TO. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. AYES HAVE IT. COMMITTEE AGREEMENT IS AGREED TO. SENATE BILL 1322, REPORTING FROM COMMITTEE ON FINANCE WITH SUBSTITUTE. THE SENATOR FROM GRAYSON COUNTY, SENATOR CARRICO.

Sen. Bill Carrico (R-Grayson): I MOVE THE COMMITTEE SUBSTITUTE.

[Unknown]: THANK YOU, SENATOR. THE QUESTION IS, SHALL THE COMMITTEE SUBSTITUTE BE AGREED TO. ALL IN FAVOR OF THE MOTION WILL SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE SUBSTITUTE IS AGREED TO.