New Virginia laws focus on protecting children and mental health

These bills, having successfully navigated the Senate and the House, were signed into law by Gov. Glenn Youngkin. Covering a broad spectrum of issues, many of these new regulations enhance protections for children, reflecting an effort to address the welfare and safety of the state's youngest residents.

Among the legislation is newly-signed “Irvo’s Law,” named for Irvo Otieno, 28, who died in custody last March after a mental health crisis.

Otieno’s mother, Caroline Ouko joined the ceremony Thursday, saying Gov. Youngkin “kept his promise” in establishing legislation after her son’s death. 

Senate Bill 546 passed through the General Assembly unanimously. It allows family members to be with their loved ones under an emergency custody order during a mental health crisis unless the patient objects or the family member’s presence would pose a safety risk.

Other bill passages include Senate Bill 403 which establishes behavioral health technicians as professionals supervised by the Board of Counseling. 

“We need more hands and feet,” said the Governor. “And this means more hands and feet.”

House Bill 823 and Senate Bill 497 together aim to alleviate stress on law enforcement, often required to entrancemental health patients under temporary detention orders. The Governor said about the pairing, “We want to further decriminalize someone’s moment where they are having a mental health crisis.”

On May 21, Gov. Youngkin signed House Bill 27 and Senate Bill 39, creating the Parental Child Safety Placement Program.

"It's an effort by the state of Virginia to have kids who are either at risk of foster care or in foster care be placed with a family member", said Ronnie Gehring, the executive director of Embrace Treatment Foster Care. "They’re more likely to achieve permanency, they’re less likely to stay in the system as long, and plus, they maintain those family connections."

The measures come as the Commonwealth works to prioritize kinship care. Only 16% of Virginia's children in foster care are placed with relatives, which is well below the national average of 35%.

Under the new law, minors — even those legally emancipated — will not be allowed to marry. This closes a legal loophole that previously allowed minors aged 16 or older to marry if a court declared them legal adults through emancipation.

In April, Youngkin signed into law House Bill 994 which prohibits anyone under the age of 18 from being wed, including teenagers seeking emancipation.

This comes eight years after the Commonwealth raised the minimum age to marry to 18, except for emancipated minors who a judge determined were voluntarily entering the marriage.

Youngkin signed Senate Bill 731, House Bill 1427, and Senate Bill 201 on child exploitation, increased penalties for predators, and rapid response for missing children.

"There is nothing more important than the health and well-being of our children," said First Lady Suzanne S. Youngkin. "I am proud of the steps our legislature has taken to ensure our most precious Virginians are kept safe and secure."  

There have been a number of convictions for child pornography and child sex abuse across the Commonwealth since the start of 2024.

Bill SB 731 amends the definition of child pornography, production, and publication.

Bill HB 1427 allows the court to fix the period of suspension of sentence for a period not to exceed three years for the offenses of sexual battery and sexual abuse of a child 13 years old or older but under 15 years old. 

“All of these bills will have a measurable impact on the safety of our kids, HB1427 directly works to ensure that those convicted of heinous crimes against children will not be able to so easily re-offend,” said Delegate Michael Webert.  

The bill also requires the Virginia State Police to develop policies for the creation of the Codi Alert Program throughout the Commonwealth. This bill is identical to HB 1388. 

Young Codi Bigsby’s 2022 disappearance in Hampton spurred the creation of the Codi Alert — an emergency alert system aimed at helping missing children under 18 whose disappearances are under suspicious circumstances or poses a threat.

Codi has never been found and his father, Cory Bigsby has since been found guilty of killing his son.

Lucia's Law: Holding parents accountable for giving children access to guns

A new law that toughens the penalty for parents who don’t secure their guns will also go into effect on July 1.

The law would make it a felony penalty of child neglect for adults who allow a child access to a firearm after being notified that the child poses a threat of violence.

The law was named after Henrico’s eighth-grade student, Lucia Bremer. In 2021, a 14-year-old boy shot 13-year-old Bremer nine times using his father's gun. 

Gov. Youngkin also made some significant vetoes of legislation that came to his desk during this year's session. Here are a few of the bills that did not become law:

In total for the 2024 legislative session, Gov. Youngkin signed 777 bills and vetoed 153 bills.