HB 1299 Virginia House of Delegates · 2026 Regular Session

Rules of construction; use of "shall," effective clause, report.

Summary
Rules of construction; use of "shall." Provides that "shall," as used in the Code of Virginia, establishes a mandatory requirement and is not merely directory, unless the statute explicitly provides otherwise. The bill responds to the holding in Henderson v. Commonwealth, 77 Va. App. 250 (2023), in which the Court of Appeals held that when the General Assembly uses "shall" in a statute commanding action by a public official or public body such usage is directory and not mandatory. The foregoing provisions of the bill do not become effective unless reenacted by the 2027 Session of the General Assembly. The bill requires, effective in due course, the Virginia Code Commission to review the bill's provisions and evaluate the bill's effect on the Code of Virginia and to report its findings and recommendations to the General Assembly no later than December 1, 2026.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House of Delegates Passage
Feb 2026
Senate Passage
Governor
Introduced Jan 15, 2026 Last action Mar 9, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Engrossed · 3 edits · Feb 12, 2026
MINOR
The bill text was reformatted from a standard introduction layout to an engrossed version with added line numbers and headers. The core legal provision regarding the mandatory use of 'shall' remains unchanged, but the engrossed version includes new clauses requiring the bill to be reenacted in 2027 to take effect and mandating a review by the Virginia Code Commission by December 1, 2026.
Scope change
The bill's scope was expanded to include a sunset provision requiring reenactment in 2027 and a mandatory review process by the Code Commission.
TIMELINE

Added a requirement that the bill's provisions will not become effective unless reenacted by the 2027 Session of the General Assembly.

REQUIREMENT

Added a mandate for the Virginia Code Commission to review the act's effects on the Code of Virginia and report findings to the General Assembly by December 1, 2026.

TECHNICAL

The bill title was modified to include 'report' in the description of the subject matter, and the document was reformatted with line numbers and engrossed headers.

Floor votes · House of Delegates Feb 12, 2026

How they voted

860
Passed · 2 other
Total votes 88
Feb 12, 2026
D Democratic53
52 Yea 1
98% Yea
R Republican35
34 Yea 1
97% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
14
Key actions
4
Committee
6
Amendments
2
Feb 13, 2026
Committee
Referred to Committee for Courts of Justice
upper
Feb 12, 2026
Lower · Passed
Read third time and passed House (98-Y 0-N 0-A)
lower
Feb 11, 2026
Introduced
Engrossed by House as amended
lower
Feb 11, 2026
Lower · Passed
committee amendments agreed to
lower
Feb 6, 2026
Lower · Passed
Reported from Rules with amendment(s) (16-Y 0-N)
lower
Feb 2, 2026
Committee
Assigned HRUL sub: Studies Subcommittee
lower
Feb 2, 2026
Lower · Passed
Subcommittee recommends reporting (5-Y 0-N)
lower
Jan 28, 2026
Committee
Referred from Courts of Justice and referred to Rules (Voice Vote)
lower
Jan 15, 2026
Committee
Referred to Committee for Courts of Justice
lower
Jan 15, 2026
Introduced
Presented and ordered printed 26104509D
lower
1 primary · 1 co-sponsor

Sponsors