Substantial risk orders or factors. (SB258)

Introduced By

Sen. Scott Surovell (D-Mount Vernon) with support from co-patron Sen. Suhas Subramanyam (D-Ashburn)

Progress

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

Description

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. Read the Bill »

Outcome

Bill Has Failed

History

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

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