Updates on CA Descano’s Legislative Priorities
As the elected Commonwealth’s Attorney for the largest jurisdiction in Virginia, part of my job is to advocate for legislation at the General Assembly that improves public safety and reforms our justice system for the better. Last month, I wrote about the 8 bills I’ve been closely following in this year’s legislative session. While we did see two major victories on gun control measures, the Governor’s vetoes remind me of just how much work is left to be done.
Gun Control Legislation
Governor Youngkin has made a habit of signing and vetoing bills in batches over the past few weeks — and recently announced vetoes on nearly every gun control-related bill that passed the legislature this session. While we did see two bright spots, specifically on the serial number scratch off bill I’ve worked overtime to pass for the past three years and a ban on auto sears, they were marred by several vetoes that hold the Commonwealth back from becoming a stronghold of community safety.
SB 363, which I cowrote with Sen. Ebbin, bars individuals from possessing firearms that have had their serial numbers removed. It also makes it illegal to sell, give, or distribute these firearms. We wrote about SB 363 in an op-ed in the Richmond Times-Dispatch last month. These ‘ghost guns’ exist only to commit crimes that are hard for law enforcement to trace. I’ve worked with Sen. Ebbin for the last few years to get this legislation passed. I was elated to learn that Governor Youngkin did not veto SB 363. While the Governor did return the bill to the legislature with an amendment that “aligns the bill with federal law and federal definitions for serial numbers,” I’m extremely hopeful that our legislators will once again pass SB 363. This is a substantial victory that will give prosecutors in my office — and across the Commonwealth — another tool in our toolboxes to stem the tide of gun violence in our communities. The full text of the Governor’s amendment has not yet been released.
HB 2, written by Del. Helmer, would have banned assault weapons. Citizens across the Commonwealth agree: banning assault weapons is a common-sense move that would keep dangerous weapons of war out of the hands of the public. While this legislation is supported by the majority of Virginia voters, Governor Youngkin vetoed the assault weapons ban bill.
HB 1195, introduced by Del. Hayes, would have established a waiting period for the purchase of firearms. Waiting periods are an important safeguard against nefarious buyers, giving licensed firearms dealers ample time to complete a background check before a sale is finalized. The waiting period also allows prospective buyers to think through their actions before obtaining a gun. This legislation is also very effective at preventing suicides, which make up more than half of American gun-related deaths. Decades of research shows that suicidal crises tend to be short-lived and impulsive — and by instituting a waiting period, individuals are given more time to think their decisions through clearly. A 2017 study concluded that waiting periods for handgun purchases reduce homicides by roughly 17%, and suicide by up to 11%. I’m extremely saddened by Governor Youngkin’s decision to veto the waiting period bill, but I’m hopeful that Virginia will one day refocus our efforts on assisting individuals experiencing mental health crises so that we can prevent future gun tragedies.
In addition to the legislation above, there are a few other monumental gun reform bills that passed the legislature this session:
HB 22 & SB 210, identical bills introduced by Del. Jones and Sen. Perry, respectively, bans auto sears, devices used to convert semiautomatic weapons into automatic weapons. I was glad to see that Governor Youngkin signed HB22/SB210, banning auto sears and taking a sadly-uncommon stance against the possession of automatic weapons. This legislation will make it harder for Virginians to obtain weapons that could drastically elevate the body counts of mass casualty events.
HB 362 & SB 642, identical bills introduced by Del. McClure and Sen. Perry, respectively, to close what is commonly known as the “boyfriend loophole,” a gap in the law that allows individuals convicted of misdemeanor assault and battery to possess a gun if they are not directly related to the victim. This glaring gap in the law is so big that you could fly an airplane through it, and I’m disappointed that the Governor was not onboard with closing this loophole.
HB 637, introduced by Del. Sullivan, which would establish a Substantial Risk Order Training Program to train law enforcement officers on the usage and implementation of Virginia’s red flag law. In Fairfax County, we’ve dedicated a lot of resources to handling ESROs because we know that they save lives. We’ve dealt with over 180 of these cases — which could have been 180 victims if the red flag law did not exist. Sadly, other jurisdictions haven’t been using ESROs to their fullest extent — and if our Governor had not vetoed this legislation, it could have provided valuable insight to law enforcement agencies across the Commonwealth who are interested in utilizing the power of our red flag laws.
While our triumphs on a couple of major gun control reforms are a sight or sore eyes, they were sadly few and far between. There is still much left to be done if Virginia truly wants to stem to the tide of rampant gun violence and build community safety.
Reforms to our Justice System
The Governor also vetoed several criminal justice-related bills; including SB 334, introduced by Sen. Salim, which would have prohibited plea agreements from containing provisions that waive a defendant’s Fourth Amendment rights. SB 334 would have also prohibited plea agreements from waiving a defendant’s rights to petition for expungement and have their criminal history or court records sealed. While I’m saddened to hear that the Governor did not act to protect defendant’s Fourth Amendment rights, I am not surprised. The anti-reform old guard of Virginia continues to believe that the only way to achieve public safety is to disregard the constitutional rights afforded to Americas, and double-down on failed tough-on-crime policies that have wreaked havoc on our country for decades.
HB 768, which I cowrote with Del. Delaney, would have allowed child victims and witnesses to testify using two-way closed-circuit television in an effort to prevent retraumatizing children by allowing them to testify in court without having to physically face their alleged abusers. Sadly, this legislation didn’t make it out of the House Appropriations Committee.
Reproductive Rights
Virginians are still waiting with bated breath for decisions on the reproductive rights legislation I supported this session — SB 15, written by Sen. Favola, prohibiting the Governor from extraditing a person accused of violating another state’s laws surrounding reproductive healthcare; and HB 609, introduced by Del. Price, which establishes a right to obtain contraceptives and engage in contraception. Both bills passed the State Senate and House of Delegates, and are awaiting the Governor’s signature or veto. With the Supreme Court currently hearing arguments in a case that threatens to roll back some of the greatest advancements in access to reproductive healthcare, these bills are occupying an even more important place in my mind.
The third piece of reproductive rights legislation I’ve been watching, HJ 1, introduced by Del. Herring, amends Virginia’s constitution to establish a fundamental right to reproductive freedom. The joint resolution was punted to the 2025 session in the Privileges and Elections Committee. With a pro-choice majority in both chambers of the Virginia legislature, I’m confident that this resolution will pass when the legislature reconvenes next year. However, due to Virginia’s requirement that a resolution to amend the constitution be approved in two separate legislative sessions with an election in between, it is imperative that Virginians send another pro-choice majority to Richmond after the 2025 legislative elections. With nearly 70% of Virginians supporting access to abortion in our state, I’m hopeful that we’ll be able to cement Virginia’s status as the last bastion of reproductive rights in the South.
Virginia voters came out in droves last year to show our legislators that we want to see real change in the Commonwealth. With the passage and signing of HB22/SB210, and with SB 363 likely to become law later this year, it seems we were finally able to force the fervent pro-gun actors in Virginia’s government to start acting on behalf of saving lives and enhancing public safety. While we didn’t achieve everything we’d hoped to, these victories are definitely a cause for celebration. These bills put a strong foundation in place for Virginia’s future — one that will help us build safer communities across the Commonwealth.
