Substantial risk orders or factors.
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; 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.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Jan 2024
Committee Review
Apr 2024
Senate Passage
Mar 2024
House of Delegates Passage
Mar 2024
Vetoed
Mar 2024
Introduced Jan 9, 2024
Vetoed Mar 26, 2024
Floor votes · Senate Feb 6, 2024 · House of Delegates Feb 28, 2024
How they voted
39–0
Passed · 1 other
Total votes 40
Feb 6, 2024
D
Democratic21
100% Yea
R
Republican19
94% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
40
Key actions
13
Committee
10
Amendments
6
Apr 17, 2024
Upper · Passed
Passed in enrolled form rejected (21-Y 19-N)
upper
Mar 26, 2024
Vetoed
Vetoed by Governor
executive
Mar 7, 2024
Upper · Passed
Signed by President
upper
Mar 4, 2024
Lower · Passed
Signed by Speaker
lower
Mar 4, 2024
Upper · Passed
Bill text as passed Senate and House (SB258ER)
upper
Feb 28, 2024
Lower · Passed
VOTE: Passage (52-Y 47-N)
lower
Feb 28, 2024
Lower · Passed
Passed House (52-Y 47-N)
lower
Feb 23, 2024
Lower · Passed
Reported from Public Safety (12-Y 9-N)
lower
Feb 22, 2024
Lower · Passed
Subcommittee recommends reporting (6-Y 3-N)
lower
Feb 19, 2024
Committee
Assigned PS sub: Firearms
lower
Feb 16, 2024
Committee
Referred to Committee on Public Safety
lower
Feb 16, 2024
Committee
Referred from Courts of Justice
lower
Feb 13, 2024
Committee
Referred to Committee for Courts of Justice
lower
Feb 6, 2024
Upper · Passed
Passed Senate (21-Y 18-N)
upper
Feb 6, 2024
Introduced
Reengrossed by Senate as amended SB258E2
upper
Feb 6, 2024
Upper · Passed
Committee amendment #1 agreed to
upper
Feb 6, 2024
Introduced
Reading of amendment waived
upper
Feb 5, 2024
Introduced
Engrossed by Senate as amended SB258E
upper
Feb 5, 2024
Upper · Passed
Committee amendments #'s 2, 3 and 4 agreed to
upper
Feb 5, 2024
Introduced
Reading of amendments waived
upper
Jan 31, 2024
Upper · Passed
Reported from Courts of Justice with amendments (9-Y 6-N)
upper
Jan 10, 2024
Upper · Passed
Moved from Judiciary to Courts of Justice due to a change of the committee name
upper
Jan 9, 2024
Committee
Referred to Committee for Courts of Justice
upper
1 primary · 1 co-sponsor
Sponsors
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