HB 362 — Firearms; purchase, etc., following an assault and battery of a family or household member, etc.

SESSION SENATEENROLLED SUBSTITUTEVIRGINIA 24108243DACTS HOUSEOF BILLASSEMBLY NO.–– CHAPTER E An Act to amend and reenact §§ 16.1-228 and 18.2-308.1:8 of the Code of Virginia, relating to N member or intimate partner;

362 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee for Courts of Justice on February 26, 2024) (Patron Prior to Substitute––Delegate McClure) A BILL to amend and reenact §§ 16.1-228 and 18.2-308.1:8 of the Code of Virginia, relating to member or intimate partner;

assault and battery of a family or householdhouseRold O [H 362] L Approved L Be it enacted by the General Assembly of Virginia:

E 1.

That §§ 16.1-228 and 18.2-308.1:8 of the Code of Virginia are amended and reenacted as follows:D fol§ 16.1-228.

§ 16.1-228.

"AbusedAs orused neglectedin child"this meanschapter, anyunless child:requiresthe context requires a different meaning:

S"Abused 1.or neglected child" means any child:

Whose1. parents or other person responsible for his care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement or impairment of bodily or mental functions, including, but not limited to, a child who is with his parent or other person responsible for his care either (i) during the manufacture or attempted manufacture of a Schedule I or II controlled responsible for his care, where such manufacture, or attempted manufacture or unlawful sale wouldrson constitute a felony violation of § 18.2-248;

TWhose 2.parents or other person responsible for his care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement or impairment of bodily or mental functions, including, but not limited to, a child who is with his parent or other person responHible for his care either (i) during the manufacture or attempted manufacture of a Schedule I or II controlle3 responsible for his care, where such manufacture, or attempted manufacture or unlawful sale wouldrson constitute a felony violation of § 18.2-248;

R 2.

however, no child who in good faith is under treatment solely by spirEtualspiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be an abused or neglected child.

Further, a authoritydecision forby theparents child,who anyhave person with legal authority for the child whoor, refusesin athe particularabsence medicalof treatmentparents with legal authority for athe childchild, any person with alegal life-threateningauthority conditionfor shallthe notchild bewho deemedrefuses a refusalparticular tomedical provide necessary care if (i) such decision is made jointly by the parents or other person with legal authority aUdand the child;

(ii) the child has reached 14 years of age and is sufficiently mature to have an informed opiniBnopinion on the subject of his medical treatment;

(iii) the parents or other person with legal authority and the child have childconsidered believealternative intreatment goodoptions; faith that such decision is in the child's best interest.

Noand child(iv) whosethe parentparents ortheor other person responsiblewith forlegal hisauthority careand allows the child tobelieve engage in independentgood activitiesfaith withoutthat adultsuch :decision is in the child's best interest.

36No child whose parent or other person responsible for his care allows the child to engage in independent activities without adult supervision shall for that reason alone be considered to be an abused or neglected child, provided that 37 (a) such independent activities are appropriate based on the child's age, maturity, and physical and 38 mental abilities and (b) such lack of supervision does not constitute conduct that is so grosslT negligent 39 as to endanger the health or safety of the child.

Such independent activities include travelingUtotraveling to or from school or nearby locations by bicycle or on foot, playing outdoors, or remaining at home for a reasonable period of time.

T 3.

E 4.

Whose parents or other person responsible for his care, or an intimate partner of such parent or person, commits or allows to be committed any act of sexual exploitation or any sexual act upon a child in 5.violation of the law;

Who is without parental care or guardianship caused by the unreasonable absence or the mental or physical incapacity of the child's parent, guardian, legal custodian, or other person standing in loco parentis;

Whose parents or other person responsible for his care creates a substantial risk of physical or mental injury by knowingly leaving the child alone in the same dwelling, including an apartmentHasapartment as defined in § 55.1-2000, with a person to whom the child is not related by blood or marriage and3whoand who the parent or other person responsible for his care knows has been convicted of an offense against a minor for which registration is required as a Tier III offender pursuant to § 9.1-902;

oreor agai2st a 7.

Who has been identified as a victim of sex trafficking or severe forms of trafficking as 1efineddefined in theJustice federalfor Trafficking Victims Protectionof Trafficking Act of 2000,2015, 2242 U.S.C.

§ 7102 et seq., and in the federal Justice for Victims of Trafficking Act of 2015, 42 U.S.C.

et seq., and in the federal If a civil proceeding under this chapter is based solely on the parent having left the child at a of 5 hospital or emergency medical services agency, it shall be an affirmative defense that such parent safely HB362S1 2 of 5 delivered the child within 30 days of the child's birth to (i) a hospital that provides 24-hour emergency services, (ii) an attended emergency medical services agency that employs emergency medical services personnel, or (iii) a newborn safety device located at and operated by such hospital or emergency medical services agency.

of 5 "Driver's license" means any document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2, or the comparable law of another jurisdiction, authorizing the operation of a motor vehicle upon thetEe ofhighways. 5 hig"Family abuse" means any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person's family or household member.

Such"Family actabuse" includes,means but is not limited to, any forcefulact detention,involving stalking,violence, criminalforce, sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, or anythreat criminal offense that results in bodily injury or places one in reasonable app"Familyapprehension orof householddeath, member"sexual meansassault, (i) the person's spouse, whether or notbodily heinjury or she resides in the same home with the person, (ii) the person's former spouse, whether or not he or she resides in the same home with the person, (iii) the person's parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents and grandchildren,that regardlessis ofcoRmitted whetherby such persons reside in the same home with the person, (iv) the person's mother-in-law, father-in-law, sons-in-law, any individual who has a child in common with the person, whether or not the person andagainst thatrson,such (v)person's individualfamily have been married or havehousehold residedmember. together at any time, or (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person, or (vii) the person's intimate partner.

"FictiveSuch kin"act meansincludes, personsbut whois are not relatedlimited toto, aany childChapter by4 blood or adoption but have an E est"Foster care services" means the provision of aTitle full18.2, rangeor ofany casework,criminal treatmentoffense andthat communNtyresults services for a planned period of time to a child who is abused or neglected as defined in §bodily 63.2-100injury or inplaces needone of services as defined in thisreasonable sectionapprehension and his family when the child (i) has been identAfied as needing services to prevent or eliminate the need for foster care placement, (ii) has been placed through an agreement between the local board of socialdeath, servicessexual orassault, a public agency designated by the T the parents or guardians,bodily (iii)injury. has been committed or entrusted to a local board of social services or child welfare agency, (iv) has been placed under the supervisory responsibility of the local board pursuant to § 16.1-293, or (v) is living with a relative participating in the Federal-Funded Kinship Guardianship Assistance program set forth in § 63.2-1305 and developed consistent with 42 U.S.C.

L "Family or household member" means (i) the person's spouse, whether or not he or she resides in the same home with the person, (ii) the person's former spouse, whether or not he or she resides in the same home with the person, (iii) the person's parents, stepparents, children, stepchildren, brothersE sisters, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person, (iv) the person's mother-in-law, father-in-law, sons-in-law, D daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person, (v) any individual who has a child in common with the person, whether or not the person and that or who, within the previous 12 months, cohabited with the person, and any children of either of themts then residing in the same home with the person, or (vii) the person's intimate partner.

"Fictive kin" means persons who are not related to a child by blood or adoption but have an established relationship with the child or his family.

H "Foster care services" means the provision of a full range of casework, treatment and community services for a planned period of time to a child who is abused or neglected as defined in § 63.6-100 or in need of services as defined in this section and his family when the child (i) has been identEfied as needing services to prevent or eliminate the need for foster care placement, (ii) has been placed through an agreement between the local board of social services or a public agency designated by the community policy and management team and the parents or guardians where legal custody remains with child welfare agency, (iv) has been placed under the supervisory responsibility of the local boards or pursuant to § 16.1-293, or (v) is living with a relative participating in the Federal-Funded Kinship Guardianship Assistance program set forth in § 63.2-1305 and developed consistent with 42 U.S.C.

S"Independent living arrangement" means placement of (i) a child at least 16 years of age who is in the custody of a local board or licensed child-placing agency by the local board or licensed child-placing agency or (ii) a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement by the Department of Juvenile Justice, in a living arrangement in which such child or person does not have daily subStitutesubstitute parentalpar"Independent supervision.living services" means services and activities provided to a child in foster care 14 years of age or older and who has been committed or entrusted to a local board of social services, child welfare agency, or private child-placing agency.

of"Independent ageliving orservices" oldermay andalso whomean hasservices beenand committedactivities orprovided entrusted to a localperson boardwho of(i) socialwas services,in child14foster yearscare welfareon agency,his or18th privatebirthday child-placingand agency.has not yet reached the age of 21 years;

"Independent(ii) livingis services"between maythe alsoages meanof services18 and activities21 providedand towho, aimmediately personprior whoto (i)his wascommitment into fosterthe careDepartment onof hisJuvenile 18thJustice, birthdaywas andin hasthe notTyetcustody reachedof thea agelocal board of 21social years;services;

(ii)or (iii) is betweena thechild agesat ofleast 1816 andyears 21of andage who,or immediatelya priorperson tobetween his commitment to the Departmentages of Juvenile18 Justice,and was21 inwho thewas custody of a local board of socialU committed to the Department of Juvenile Justice immediately prior to placement in an independent who was living arrangement.

"Independent living services" includes counseling, education, housing, emplEyment,employment, andservices moneyto managementhelp skillschildren developmentor andpersons accessprepare tofor essentialself-sufficiency.cuments documents and other appropriate services"Intake toofficer" helpmeans childrena orjuvenile personsprobation prepareofficer forappointed self-sufficiency.as such pursuant to the authority of this chapter.

"Intake"Intimate officer" means a juvenile probation officer appointed as such pursuant to the authority of this cha"Intimate partner" means an individual who, within the previous 12 months, was in a romantic, dating, or sexual relationship with the person.

"Jail" or "other facility designed for the detention of adults" means a local or regional correctional facility as defined in § 53.1-1, except those facilities utilized on a temporary basis as a couHtcourt holding cell for a child incident to a court hearing or as a temporary lock-up room or ward incident toBtheto tra"The judge" means the judgetransfer orof thea substitutechild judgeto ofa the juvenile andfacility. domestic relations d2strict court of each county or city.