Virginia HB 901: Substantial risk orders; eligible petitioners, court jurisdiction, constr. possession of firearms.

Bill Text

2026 SESSION

INTRODUCED

26105114D

HOUSE BILL NO. 901

Offered January 14, 2026

Prefiled January 13, 2026

A BILL to amend and reenact §§ 19.2-152.13, 19.2-152.14, and 19.2-152.16 of the Code of Virginia, relating to substantial risk orders; eligible petitioners; substantial risk factors and considerations; court jurisdiction; constructive possession of firearms; penalty.

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Patrons—Sullivan, Helmer, Laufer and Shin

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Referred to Committee on Public Safety

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Be it enacted by the General Assembly of Virginia:

1. That §§ 19.2-152.13, 19.2-152.14, and 19.2-152.16 of the Code of Virginia are amended and reenacted as follows:

§ 19.2-152.13. Emergency substantial risk order.

A. As used in this section:

"Act of violence, force, or threat" means the same as that term is defined in § 19.2-297.1.

"Certified evaluator" means an individual with an educational attainment of a master's or doctoral degree with an associated professional license who (i) is skilled in the assessment and treatment of mental illness; (ii) has completed a training and certification program approved by the Department; (iii) has received a prescreener orientation presentation developed by the Department in consultation with the Virginia Association of Community Services Boards, which shall include information on determining the least restrictive treatment available for the person being evaluated pursuant to subsection G of § 37.2-817.01.

"Department" means the Department of State Police.

"Designee of the local community services board" means the same as that term is defined in § 37.2-809.

"Immediate family or household member" means a spouse, child, parent, brother, sister, or any other person living in the same household as the respondent.

"Intimate partner" means an individual who, within the previous 12 months, was in a romantic, dating, or sexual relationship with the person as determined by the length, nature, frequency, and type of interaction between the individuals involved in the relationship.

B. Upon the petition of an attorney for the Commonwealth, or a law-enforcement officer, licensed professional counselor, licensed clinical social worker, licensed marriage and family therapist, licensed clinical psychologist, licensed clinical psychiatrist, licensed psychiatric nurse practitioner, psychiatric physician assistant, psychiatric clinical nurse specialist, doctor of medicine, doctor of osteopathy, certified evaluator, designee of the local community services board, immediate family or household member, intimate partner, or school administrator or a school administrator's designee of any school in which the person against whom the order is sought is currently enrolled or has been enrolled in the six months preceding the filing of such petition, a judge of a circuit court, general district court, or juvenile and domestic relations district court or a magistrate, upon a finding at an ore tenus hearing that there is probable cause to believe that a person poses a substantial risk of personal injury to himself or others in the near future by such person's possession or acquisition of a firearm, shall issue an ex parte emergency substantial risk order. Such order shall prohibit the person who is subject to the order from purchasing, possessing, or transporting a firearm for the duration of the order. In determining whether probable cause for the issuance of an order exists, the judge or magistrate shall consider any relevant evidence, including any, but not limited to:

1. Any recent act of violence, force, or threat as defined in § 19.2-152.7:1 by such person directed toward another person or toward himself. No petition shall be filed unless an independent investigation has been conducted by law enforcement that determines that grounds for the petition exist., another person, a group of persons, or a location;

2. Any recent act of violence, force, or threat by the subject of the petition toward an animal;

3. Any recent violation of any provision of a protective order issued pursuant to § 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.14, 16.1-279.1, 19.2-152.8, or 19.2-152.10;

4. Any order entered pursuant to Chapter 8 (§ 37.2-800 et seq.) of Title 37.2;

5. Evidence of recent or ongoing abuse of controlled substances or alcohol; or

6. Evidence of recent acquisition or attempted acquisition of firearms, ammunition, or deadly weapons.

Such information may be alleged by the petitioner in his petition or may be offered through testimony at such hearing by the petitioner or any witnesses he may call to support his position. The order shall contain a statement (i) informing the person who is subject to the order of the requirements and penalties under § 18.2-308.1:6, including that it is unlawful for such person to purchase, possess, or transport a firearm for the duration of the order and that such person is required to surrender his concealed handgun permit if he possesses such permit, and (ii) advising such pers