HB 268 Virginia House of Delegates · 2024 Regular Session

Juveniles; evidence of trafficking, sexual abuse, or rape by the alleged victim.

Summary
Juveniles; evidence of trafficking, sexual abuse, or rape by the alleged victim prior to or during the commission of the alleged offense; treatment and rehabilitation. Requires a juvenile and domestic relations district court, when determining whether to retain jurisdiction of a juvenile defendant during a transfer hearing, to consider any evidence that such juvenile was a victim of felonious sexual assault or trafficking by the alleged victim prior to or during the commission of the alleged offense and that such alleged offense was a direct result of the juvenile being a victim of such felonious sexual assault or trafficking. The bill also requires that a study and report prior to a transfer hearing include any relevant information supporting an allegation that such juvenile was a victim of felonious sexual assault or trafficking by the alleged victim. The bill also creates a procedure for a juvenile to present such evidence in mandatory transfer cases that under current law require the juvenile and domestic relations district court to transfer the case to the circuit court and provides that upon a finding that the alleged offense was a direct result of the juvenile being a victim of such felonious sexual assault or trafficking, the juvenile and domestic relations district court can instead conduct a transfer hearing to determine whether to keep the case in juvenile court. The bill also creates a similar procedure allowing a juvenile to present such evidence in certain cases where current law requires the juvenile and domestic relations district court to transfer the case to circuit court if the attorney for the Commonwealth gives notice of an intent to proceed with such transfer. Also, in juvenile cases that are tried in circuit court, the bill allows the court to set aside a guilty verdict and instead render the juvenile delinquent if prior to the final order or within 21 days of such order, the court receives evidence that the juvenile was a victim of such felonious sexual assault or trafficking. Lastly, the bill states that it is the intent of the General Assembly that these juveniles be viewed as victims and provided treatment and services in the juvenile system.
Bill status signed all 5 stages cleared
Introduction
Jan 2024
Committee Review
Feb 2024
House of Delegates Passage
Mar 2024
Senate Passage
Mar 2024
Signed into Law
Apr 2024
Introduced Jan 5, 2024 Signed Apr 3, 2024
Floor votes · Senate Mar 4, 2024 · House of Delegates Feb 8, 2024

How they voted

390
Passed · 1 other
Total votes 40
Mar 4, 2024
D Democratic21
20 Yea 1
95% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
37
Key actions
11
Committee
7
Apr 3, 2024
Signed into law
Approved by Governor-Chapter 365 (effective 7/1/24)
executive
Mar 26, 2024
Lower · Passed
Signed by Speaker
lower
Mar 25, 2024
Upper · Passed
Signed by President
upper
Mar 25, 2024
Lower · Passed
Bill text as passed House and Senate (HB268ER)
lower
Mar 4, 2024
Upper · Passed
Passed Senate with substitute (39-Y 0-N)
upper
Feb 28, 2024
Upper · Passed
Reported from Courts of Justice with substitute (15-Y 0-N)
upper
Feb 28, 2024
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Feb 9, 2024
Committee
Referred to Committee for Courts of Justice
upper
Feb 8, 2024
Lower · Passed
VOTE: Block Vote Passage (98-Y 0-N)
lower
Feb 8, 2024
Lower · Passed
Read third time and passed House BLOCK VOTE (98-Y 0-N)
lower
Feb 2, 2024
Lower · Passed
Reported from Courts of Justice with substitute (21-Y 0-N)
lower
Jan 26, 2024
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Jan 23, 2024
Committee
Assigned Courts sub: Criminal
lower
Jan 5, 2024
Committee
Referred to Committee for Courts of Justice
lower
1 primary · 1 co-sponsor

Sponsors