Criminal Justice

Carrying assault firearms in public areas prohibited; penalty. Prohibits the carrying of certain semi-automatic center-fire rifles, pistols, and shotguns or any firearm modified to be operable as an assault firearm on any public street, road, alley, sidewalk, or public right-of-way or in any public park or any other place of whatever nature that is open to the public, with certain exceptions. Under current law, the prohibition on carrying certain shotguns and semi-automatic center-fire rifles and pistols applies to a narrower range of firearms, only in certain localities, and only when such firearms are loaded. A violation of this prohibition is a Class 1 misdemeanor.

Purchase, sale, transfer, etc., of assault firearms and certain ammunition feeding devices prohibited; penalties. Creates a Class 1 misdemeanor for any person who imports, sells, manufactures, purchases, or transfers an assault firearm, as that term is defined in the bill with some exceptions, and prohibits a person who has been convicted of such violation from purchasing, possessing, or transporting a firearm for a period of three years from the date of conviction. The bill provides that an assault firearm does not include any firearm that is an antique firearm, has been rendered permanently inoperable, or is manually operated by bolt, pump, lever, or slide action. The bill also prohibits the sale of a large capacity ammunition feeding device, as that term is defined in the bill. The bill provides that any person who willfully and intentionally (i) sells an assault firearm to another person or (ii) purchases an assault firearm from another person is guilty of a Class 1 misdemeanor and that any person who imports, sells, barters, transfers, or purchases a large capacity ammunition feeding device is guilty of a Class 1 misdemeanor. This bill is identical to HB 217.

An Act to amend and reenact §§ 3.2-4113, 4.1-1604, 18.2-36.3, 18.2-250, 18.2-251, 18.2-251.03 through 18.2-251.1:3, 18.2-308.1:5, 19.2-327.15, 32.1-45.4, and 54.1-3466 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-250.01, relating to possession of residue of a controlled substance; penalties; exceptions.

Possession or transportation of firearms, firearms ammunition, stun weapons, or explosives or carrying of concealed weapons by persons convicted of a misdemeanor hate crime prohibited; penalty. Prohibits any person who, on or after July 1, 2026, commits assault or assault and battery against a person he intentionally selected because of his race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin and is subsequently adjudicated delinquent or convicted of such offense from knowingly and intentionally possessing or transporting any firearm or ammunition for a firearm, any stun weapon, or any explosive material or carrying a concealed weapon, a violation of which is a Class 1 misdemeanor.

Deferred disposition in a criminal case; license suspension; driving while under the influence. Permits a trial court, with the agreement of the Commonwealth if the charge is ineligible for sealing, to suspend the driver's license of a defendant for a period of not less than 10 days nor more than six months when deferring disposition. The bill also allows a trial court to defer judgment for a violation of driving while intoxicated and require that the defendant participate in and successfully complete an alcohol safety action program and prohibit the defendant from operating a motor vehicle that is not equipped with an ignition interlock system. The bill excludes from its provisions any person with a commercial driver's license or commercial learner's permit or who was operating a commercial motor vehicle during the alleged violation.

Requiring fines, costs, restitution for damages, support, or community services from probationer; failure to pay. Provides that a failure of the defendant to pay any fines or costs imposed on him at the time of being placed on probation as a condition of his probation shall not, by itself, be deemed a breach of such probation unless the court finds, after notice to the defendant and his counsel and a hearing, that the defendant has willfully refused to pay. The bill provides that in assessing such failure to pay, the court shall presume that a defendant who is indigent pursuant to relevant law, or who has been deemed indigent during the pendency of a criminal or traffic case, is unable to pay such fines and costs. The bill requires the court to order such defendant relief from any alleged breach of probation, absent any specific finding to the contrary.

Public elementary and secondary school students; consideration of evidence-based restorative disciplinary practices required; exceptions; report. Prohibits any public elementary or secondary school student from being suspended, expelled, or excluded from attendance at school unless the school first considers at least one evidence-based restorative disciplinary practice, as defined in the bill, except in the case of certain enumerated serious offenses or aggravating circumstances, as defined in the bill. The bill requires each school, any time it imposes exclusionary discipline instead of an evidence-based restorative disciplinary practice, to document in the student's disciplinary record, as a part of the school's existing disciplinary documentation practices and consistent with the guidelines adopted by the Department of Education (the Department) pursuant to the bill, the rationale for the decision to impose exclusionary discipline, including any factors supporting the decision not to utilize an evidence-based restorative disciplinary practice. The bill directs the Department to (i) add the use of evidence-based restorative disciplinary practices to the Student Behavior and Administrative Response survey in order to annually collect and analyze data on the use of such practices and publicly post an annual report containing an evaluation of the effectiveness of such practices based on the data collected and (ii) adopt and make available guidelines and support materials for considering, monitoring, and evaluating the use of evidence-based restorative disciplinary practices. The provisions of the bill prohibiting any public school student from being suspended, expelled, or excluded from attendance at school unless the school first considers at least one evidence-based restorative disciplinary practice and requiring each school, any time it imposes exclusionary discipline instead of an evidence-based restorative disciplinary practice, to document in the student's disciplinary record the rationale for such decision, have a delayed effective date of July 1, 2027.

Substantial risk orders; eligible petitioners; substantial risk factors and considerations; court jurisdiction; constructive possession of firearms; penalty. Expands the list of persons eligible to file a petition for an emergency substantial risk order. The bill provides various factors that a judge or magistrate shall consider for the purpose of determining whether to issue an emergency substantial risk order or a substantial risk order. The bill expands court jurisdiction over substantial risk orders from circuit courts to juvenile and domestic relations district courts and general district courts and requires petitions against minors to be filed in juvenile and domestic relations district courts. The bill requires a copy of the order to be served on the parent or guardian of the minor at any address where the minor resides or the local board of social services in the case where the minor is the subject of a dependency or court-approved out-of-home placement. The bill also provides the process for which firearms not owned by the subject of a petition are returned to the lawful owner of such firearms. The bill provides that any emergency substantial risk order or substantial risk order issued remains in full force and effect pending any appeal. Lastly, the bill provides that any person that makes a materially false statement or representation to a court during the petitioning process is guilty of a Class 1 misdemeanor. This bill is identical to HB 901.

Substantial risk orders; Substantial Risk Order Training Program established; annual report. Directs the Department of Criminal Justice Services to establish the Substantial Risk Order Training Program for the purposes of training law-enforcement agencies and other public institutions throughout the Commonwealth to use and implement the substantial risk order law. The bill directs all law-enforcement officers to receive training in the use and implementation of substantial risk orders. The bill requires the programming to provide training regarding proper procedures to follow, the circumstances under which the law can be used, the benefits to public safety from proper use of the law, and the harm that may ensue from the law not being used when lawfully available. The Program also includes efforts to educate the public on and increase awareness of the substantial risk order law. The bill requires the Department to report by November 1 each year to the Secretary of Public Safety and Homeland Security regarding the use of Program funds, details of the content of programming developed, and the effectiveness of the Program in assisting law-enforcement agencies and other public institutions in the use of the substantial risk order law. The bill has a delayed effective date of July 1, 2027.The bill requires the Department of Criminal Justice Services to evaluate all potential funding sources for the Program and submit a report on its findings, including the availability of federal funding, to the Chairs of the Senate Committees on Finance and Appropriations and for Courts of Justice and the House Committees on Appropriations and for Courts of Justice no later than November 1, 2026.

Affirmative defense or reduced penalty for mental illness, neurocognitive disorder, or intellectual or developmental disability. Provides an affirmative defense to prosecution of a person for assault or assault and battery against certain specified persons for which the enhanced Class 6 felony and six-month mandatory minimum apply if such person proves, by a preponderance of the evidence, that at the time of the assault or assault and battery (i) the person's behaviors were a result of (a) mental illness or (b) a neurocognitive disorder, including dementia, or an intellectual disability or a developmental disability such as autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association, or (ii) the person met the criteria for issuance of an emergency custody order.The bill requires such person or his counsel to give notice in writing to the attorney for the Commonwealth at least 60 days prior to his trial in circuit court, or at least 14 days if the trial date is set within 21 days of his last court appearance, of his intention to present such evidence. Additionally, if such notice is not given, and the person proffers such evidence at his trial as a defense, then the court may in its discretion either allow the Commonwealth a continuance or, under appropriate circumstances, bar such person from presenting such evidence; any such continuance shall not be counted for speedy trial purposes pursuant to relevant law.Lastly, the bill provides that if such person does not prove that his behaviors were a result of his mental illness, intellectual disability, developmental disability, or neurocognitive disorder but the evidence establishes that his mental illness, intellectual disability, developmental disability, or neurocognitive disorder otherwise contributed to his behaviors, the finder of fact may find such person guilty of a Class 1 misdemeanor. The bill also provides that such affirmative defense shall not be construed to allow an affirmative defense for voluntary intoxication. This bill is identical to HB 246.