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Virginia legislature advances significant firearm and child protection bills awaiting governor's approval

March 25, 2024 | Criminal Sentencing Commission, Virginia, Boards and Commissions, Executive, Virginia



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This article was created by AI summarizing key points discussed. AI makes mistakes, so for full details and context, please refer to the video of the full meeting. Please report any errors so we can fix them. Report an error »

Virginia legislature advances significant firearm and child protection bills awaiting governor's approval
The Criminal Sentencing Commission convened on March 25, 2024, at the Supreme Court building in Virginia to discuss several significant legislative updates and their implications for the state's criminal justice system. The meeting focused on various bills that have been introduced or amended during the current legislative session, with particular attention to their potential impacts on sentencing and public safety.

The first item on the agenda addressed House Bill 362, which aimed to eliminate the requirement for consecutive mandatory minimum sentences in certain cases. However, this bill did not advance out of the House. The discussion then shifted to the implications of a bill that expands the definition of intimate partners in relation to firearm purchases following assault and battery convictions. This legislation, which has passed both the Senate and House, could significantly increase the number of individuals charged with felonies related to domestic violence.

House Bill 36, concerning child access to firearms, was also reviewed. The bill was amended to create a class 5 felony for adults who enable minors to gain possession of firearms under specific circumstances, such as prior knowledge of the child's violent tendencies. The commission is awaiting the governor's decision on this bill.

Another key topic was House Bill 455, which proposed changes to penalties for possession of small amounts of controlled substances. The original bill was amended to focus on residue rather than specific amounts, and it notably excluded fentanyl. This bill has since been vetoed by the governor.

The meeting also covered House Bill 698, which establishes a framework for a retail marijuana marketplace and increases the legal possession limit for adults from one ounce to 2.5 ounces. The governor is expected to veto this bill as well.

Senate Bill 731, which expands the definition of child exploitation to include non-existent minors in digital content, was discussed, highlighting the growing concern over artificial intelligence in child exploitation cases. The commission is also awaiting the governor's action on this bill.

In terms of probation legislation, House Bill 457 aimed to reduce probation periods based on compliance with certain criteria but was vetoed. Similarly, Senate Bill 505, which would have changed how technical violations are handled in revocation hearings, also faced a veto.

The commission reviewed additional bills related to earned sentence credits and their implications for time served. House Bill 45 proposed including time spent in correctional facilities in the calculation of earned sentence credits but was vetoed as well.

Lastly, House Bill 1114, which sought to amend penalties for failing to appear in court, was approved by the governor, limiting penalties only for those who are incarcerated at the time of their required appearance.

Overall, the meeting highlighted the ongoing legislative efforts to address issues of public safety, domestic violence, and drug-related offenses in Virginia, with several bills facing vetoes that could impact the state's criminal justice landscape. The commission will continue to monitor these developments and their implications for future sentencing practices.

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