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Legislative record

SB 258STATE · VirginiaIntroduced

Substantial risk orders or factors.

Voted 4/17/2024

Summary

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.

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Bill text

The full text of this bill isn't on Heard yet. The official documents are linked below.

Roll-call record

How representatives voted

235 yea·102 nay·9 other

Docket history

Action history

  1. 4/17/2024Passed in enrolled form rejected (21-Y 19-N)
  2. 4/17/2024Requires 2/3 members present
  3. 3/26/2024Vetoed by Governor
  4. 3/11/2024Enrolled Bill Communicated to Governor on March 11, 2024
  5. 3/11/2024Governor's Action Deadline 11:59 p.m., April 8, 2024
  6. 3/7/2024Signed by President
  7. 3/4/2024Enrolled
  8. 3/4/2024Bill text as passed Senate and House (SB258ER)
  9. 3/4/2024Impact statement from DPB (SB258ER)
  10. 3/4/2024Signed by Speaker