Virginia 2024 Regular Session Status: Enacted

SB 362 — First offender drug program; previous misdemeanor marijuana conviction, etc.

Last action — Acts of Assembly Chapter text (CHAP0785)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2024. Enacted.

Signed by Governor Glenn Youngkin (Republican) on April 17, 2024.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 70% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

First-time drug offenders. Provides that any person who has not previously been convicted of any felony drug offense under relevant law or under any substantially similar statute of the United States or of any state may be eligible for first-time drug offender disposition. Under current law, such disposition is limited to any person who has not been convicted of any criminal drug offense. This bill is identical to HB 452.

Bill Text

What changed in the latest version

51 added · 53 removed

Plain-language change summary

The recent amendment to Bill SB 362 updates the section on first offenses related to drug possession, specifically addressing how previous misdemeanor marijuana convictions are treated. The new wording clarifies that individuals with past misdemeanor marijuana convictions can still potentially qualify for a first offender program without facing guilt judgments. This change matters because it provides a more lenient approach for those with prior marijuana offenses, reflecting evolving attitudes toward marijuana use and emphasizing rehabilitation rather than punishment.

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Latest
VIRGINIA ACTS OF ASSEMBLY -- 2024 RECONVENED SESSION CHAPTER 785 An Act to amend and reenact § 18.2-251 of the Code of Virginia, relating to first offender drug program;
RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER R An Act to amend and reenact § 18.2-251 of the Code of Virginia, relating to first offender drugE program;
[S 362] Approved April 17, 2024 Be it enacted by the General Assembly of Virginia:
E N [S 362] R Approved Be it enacted by the General Assembly of Virginia:
1.
O 1.
§ 18.2-251.
L § 18.2-251.
drug tests;
drug tests;L costs and fees;
costs and fees;
Whenever any person who has not previously been convicted of any criminal offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or possession of marijuana, or has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, or except a dismissal of a misdemeanor offense for possession of marijuana, pleads guilty to or enters a plea of not guilty to possession of a controlled substance under § 18.2-250, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions.
E Whenever any person who has not previously been convicted of any criminal offense under this stimulant, depressant, or hallucinogenic drugs, with the exception of any misdemeanor conviction forana, or possession of marijuana, or has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, or except a dismissal of a misdemeanor offense for possession of marijuana, pleads guilty to or enters a plea of not guilty to possession of a controlled substance under § 18.2-250, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer proceedings, at that time the court shall determine whether the clerk of court has been provided with the fingerprint identification information or fingerprints of the person, taken by a law-enforcement officer pursuant to § 19.2-390, and, if not, shall order that the fingerprints and photograph of the pe6son be taken by a law-enforcement officer.
If the court defers further proceedings, at that time the court shall determine whether the clerk of court has been provided with the fingerprint identification information or fingerprints of the person, taken by a law-enforcement officer pursuant to § 19.2-390, and, if not, shall order that the fingerprints and photograph of the person be taken by a law-enforcement officer.
E As a term or condition, the court shall require the accused to undergo a substance abuse ass2ssment pursuant to § 18.2-251.01 or 19.2-299.2, as appropriate, and enter treatment and/or education program or based upon consideration of the substance abuse assessment.
As a term or condition, the court shall require the accused to undergo a substance abuse assessment pursuant to § 18.2-251.01 or 19.2-299.2, as appropriate, and enter treatment and/or education program or services, if available, such as, in the opinion of the court, may be best suited to the needs of the accused based upon consideration of the substance abuse assessment.
The program or services may be located inaccused the judicial district in which the charge is brought or in any other judicial district as the court may provide.
The program or services may be located in the judicial district in which the charge is brought or in any other judicial district as the court may provide.
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, assessment, testing, and treatment, based upon the accused's ability to pay unless the person is determined by the court to be indigent.
all or part of the costs of the program, including the costs of the screening, assessment, testing, and treatment, based upon the accused's ability to pay unless the person is determined by the court to be indigent.
As a condition of probation, the court shall require the accused (a) to successfully complete treatment or education program or services, (b) to remain drug and alcohol free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused is drug and alcohol free, (c) to make reasonable efforts to secure and maintain employment, and (d) to comply with a plan of at least 100 hours of community service for a felony and up to 24 hours of community service for a misdemeanor.
As a condition of probation, the court shall require the accused (a) to successfully complete treatment or education program or services, (b) to remain drug and alcohol free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused comply with a plan of at least 100 hours of community service for a felony and up to 24 hours of(d) to community service for a misdemeanor.
Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings.
Discharge and dismissal under this section in subsequent proceedings.ion of guilt and is a conviction only for the purposes of applying Notwithstanding any other provision of this section, whenever a court places an individual on probation upon terms and conditions pursuant to this section, such action shall be treated as a conviction for purposes of § 22.1-315.
Notwithstanding any other provision of this section, whenever a court places an individual on probation upon terms and conditions pursuant to this section, such action shall be treated as a conviction for purposes of § 22.1-315.
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Action History

  1. Acts of Assembly Chapter text (CHAP0785)

  2. Enacted, Chapter 785 (effective 7/1/24)

  3. Signed by Speaker as reenrolled

  4. Signed by President as reenrolled

  5. Reenrolled bill text (SB362ER2)

  6. Reenrolled

  7. Governor's recommendation adopted

  8. BLOCK VOTE: (97-Y 0-N)

  9. House concurred in Governor's recommendation BLOCK VOTE (97-Y 0-N)

  10. Senate concurred in Governor's recommendation (40-Y 0-N)

  11. Governor's substitute printed 24109199D-S1

  12. Governor's recommendation received by Senate

  13. Governor's Action Deadline 11:59 p.m., April 8, 2024

  14. Enrolled Bill Communicated to Governor on March 11, 2024

  15. Signed by President

  16. Signed by Speaker

  17. Impact statement from DPB (SB362ER)

  18. Bill text as passed Senate and House (SB362ER)

  19. Enrolled

  20. VOTE: Passage (51-Y 49-N)

  21. Passed House (51-Y 49-N)

  22. Read third time

  23. Read second time

  24. Reported from Courts of Justice (12-Y 10-N)

  25. Referred to Committee for Courts of Justice

  26. Read first time

  27. Placed on Calendar

  28. Impact statement from DPB (SB362E)

  29. Read third time and passed Senate (40-Y 0-N)

  30. Printed as engrossed 24100119D-E

  31. Engrossed by Senate as amended SB362E

  32. Committee amendments agreed to

  33. Reading of amendments waived

  34. Read second time

  35. Constitutional reading dispensed (38-Y 0-N)

  36. Reported from Courts of Justice with amendments (15-Y 0-N)

  37. Senate committee, floor amendments and substitutes offered

  38. Moved from Judiciary to Courts of Justice due to a change of the committee name

  39. Referred to Committee for Courts of Justice

  40. Prefiled and ordered printed; offered 01/10/24 24100119D

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 147 not signed on · 49 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Senate concurred in Governor's recommendation (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

BLOCK VOTE: (97-Y 0-N)

Passed 96 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 96003
Total 96003
% of votes cast 97%0%0%3%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Yea
Arnold, Jonathan, E. P. — Yea
Atoosa R. Reaser — Yea
Batten, Amanda E. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Not Voting
Charniele L. Herring — Yea
Chris S. Runion — Yea
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Yea
Earley, Mark L., Jr. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Yea
Ennis, N. Baxter — Yea
Eric Phillips — Yea
Eric R. Zehr — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Green, W. Chad — Yea
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Yea
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Yea
Joseph P. McNamara — Yea
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Yea
Knight, Barry D. — Yea
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Not Voting
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Milde, Paul V. — Not Voting
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Yea
Orrock, Robert D., Sr. — Yea
Owen, David — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Yea
R. Lee Ware — Yea
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Timothy P. Griffin — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wendell S. Walker — Yea
Will Davis — Yea
Wren M. Williams — Yea

Official roll call →

VOTE: Passage (51-Y 49-N)

Passed 50 Yea · 49 Nay
Party YeaNayPresentNot Voting
Unaffiliated 504900
Total 504900
% of votes cast 51%49%0%0%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Nay
Arnold, Jonathan, E. P. — Nay
Atoosa R. Reaser — Yea
Batten, Amanda E. — Nay
Betsy B. Carr — Yea
Bill Wiley — Nay
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Nay
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Nay
Coyner, Carrie E. — Nay
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Nay
Earley, Mark L., Jr. — Nay
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Nay
Ennis, N. Baxter — Nay
Eric Phillips — Nay
Eric R. Zehr — Nay
Fowler, Hyland F."Buddy," Jr. — Nay
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Nay
Green, W. Chad — Nay
H. Otto Wachsmann, Jr. — Nay
Higgins, Geary — Nay
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Nay
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Nay
James W. Morefield — Nay
Jason S. Ballard — Nay
Jeion A. Ward — Yea
Joseph P. McNamara — Nay
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Nay
Knight, Barry D. — Nay
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Nay
Luke E. Torian — Yea
M. Keith Hodges — Nay
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Nay
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Nay
Mike A. Cherry — Nay
Milde, Paul V. — Nay
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Nay
Orrock, Robert D., Sr. — Nay
Owen, David — Nay
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Nay
R. Lee Ware — Nay
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Nay
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Nay
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Nay
Terry G. Kilgore — Nay
Terry L. Austin — Nay
Thomas A. Garrett, Jr. — Nay
Thomas C. Wright, Jr. — Nay
Timothy P. Griffin — Nay
Tony O. Wilt — Nay
Vivian E. Watts — Yea
Wendell S. Walker — Nay
Will Davis — Nay
Wren M. Williams — Nay

Official roll call →

Reported from Courts of Justice (12-Y 10-N)

Passed 12 Yea · 10 Nay
Party YeaNayPresentNot Voting
Unaffiliated 121000
Total 121000
% of votes cast 55%45%0%0%
How each member voted (22)
Member Party Vote
Arnold, Jonathan, E. P. — Nay
Atoosa R. Reaser — Yea
Batten, Amanda E. — Nay
Cordoza, A.C. — Nay
Earley, Mark L., Jr. — Nay
James A. "Jay" Leftwich — Nay
Jason S. Ballard — Nay
Joshua E. Thomas — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Katrina Callsen — Yea
Maldonado, Michelle Lopes — Yea
Marcus B. Simon — Yea
Obenshain, Chris — Nay
Patrick A. Hope — Yea
Phil M. Hernandez — Yea
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Terry G. Kilgore — Nay
Vivian E. Watts — Yea
Will Davis — Nay
Wren M. Williams — Nay

Official roll call →

Read third time and passed Senate (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed (38-Y 0-N)

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 38001
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Not Voting
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Courts of Justice with amendments (15-Y 0-N)

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Carroll Foy, Jennifer D. — Yea
Emily M. Jordan — Yea
Jennifer B. Boysko — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Scott A. Surovell — Yea
Subramanyam, Suhas — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Subjects

public-safety immigration civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 362 do?
First-time drug offenders. Provides that any person who has not previously been convicted of any felony drug offense under relevant law or under any substantially similar statute of the United States or of any state may be eligible for first-time drug offender disposition. Under current law, such disposition is limited to any person who has not been convicted of any criminal drug offense. This bill is identical to HB 452.
Who sponsors SB 362?
SB 362 is sponsored by Adam P. Ebbin.
What is the current status of SB 362?
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Where can I track SB 362?
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