VirginiaSB4952026 Regular SessionSenateWALLET

Substantial risk orders; eligible petitioners, court jurisdiction, constr. possession of firearms.

Sponsored By: R. Creigh Deeds (Democratic)

Became Law

Summary

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.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Juvenile courts handle more family and immigrant cases

The juvenile and domestic relations court now has original control over child custody, visitation, and support cases in its area. It also covers cases up to one mile past its limits. Grandparents, step‑relatives, and others with a legitimate interest can file. The court can keep a case until age 21 to make or change findings a young person needs for Special Immigrant Juvenile status. These judges are also conservators of the peace in their city or county and one mile beyond.

Fast court path for minors' abortions

An unemancipated minor can ask a juvenile court to allow an abortion without a parent's consent. The judge holds a private hearing and must decide within 4 days. The minor has a lawyer or a guardian ad litem. No filing fees are charged at trial or on appeal. A private appeal must be decided within 5 days. Doctors who ignore these rules commit a Class 3 misdemeanor.

Temporary gun risk orders and hearings

Law enforcement, prosecutors, certain mental health professionals, immediate family or household members, intimate partners, and school administrators can ask for an emergency gun‑risk order. Police must first do an independent investigation. A judge or magistrate may issue the order after a hearing if there is probable cause. The order stops the person from buying, having, or carrying firearms. When served, the person may give up guns, and police must give a receipt listing maker, model, condition, and serial number. The emergency order ends at 11:59 p.m. on the 14th day after it is issued. Within 14 days, the court must hold a hearing. The state must prove a substantial risk by clear and convincing evidence to issue a longer order, and that order stays in effect during any appeal. Courts must enter the order in VCIN by the end of the business day, and police must serve and update records right away. Knowingly making a false material statement in these cases is a Class 1 misdemeanor.

Sponsors & Cosponsors

Sponsor

  • R. Creigh Deeds

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 147 • No: 65

House vote 2/23/2026

Passed House with amendment

Yes: 63 • No: 34

House vote 2/18/2026

Reported from Courts of Justice with amendment(s)

Yes: 15 • No: 7

Senate vote 2/10/2026

Read third time and passed Senate

Yes: 21 • No: 19

Senate vote 2/9/2026

Courts of Justice Substitute agreed to

Yes: 0 • No: 0

Senate vote 2/6/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/6/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0

Senate vote 2/4/2026

Reported from Courts of Justice with substitute

Yes: 9 • No: 5

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0699)

    4/13/2026Governor
  2. Approved by Governor-Chapter 699 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB495)

    2/27/2026Senate
  6. Bill text as passed Senate and House (SB495ER)

    2/27/2026Senate
  7. Enrolled

    2/27/2026Senate
  8. Signed by President

    2/27/2026Senate
  9. Signed by Speaker

    2/27/2026House
  10. House amendments agreed to by Senate (21-Y 19-N 0-A)

    2/25/2026Senate
  11. Passed House with amendment (63-Y 34-N 0-A)

    2/23/2026House
  12. Engrossed by House as amended

    2/23/2026House
  13. committee amendments agreed to

    2/23/2026House
  14. Read third time

    2/23/2026House
  15. Read second time

    2/20/2026House
  16. Reported from Courts of Justice with amendment(s) (15-Y 7-N)

    2/18/2026House
  17. Read first time

    2/13/2026House
  18. Referred to Committee for Courts of Justice

    2/13/2026House
  19. Placed on Calendar

    2/13/2026House
  20. Fiscal Impact Statement from Department of Planning and Budget (SB495)

    2/11/2026Senate
  21. Read third time and passed Senate (21-Y 19-N 0-A)

    2/10/2026Senate
  22. Courts of Justice Substitute agreed to

    2/9/2026Senate
  23. Engrossed by Senate - committee substitute (Voice Vote)

    2/9/2026Senate
  24. Read second time

    2/9/2026Senate
  25. Passed by for the day Block Vote (Voice Vote)

    2/6/2026Senate

Bill Text

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