Courts of Justice

Substantial risk orders; eligible petitioners; substantial risk factors and considerations; court jurisdiction; constructive possession of firearms; penalty. Expands the list of persons eligible to file a petition for an emergency substantial risk order. The bill provides various factors that a judge or magistrate shall consider for the purpose of determining whether to issue an emergency substantial risk order or a substantial risk order. The bill expands court jurisdiction over substantial risk orders from circuit courts to juvenile and domestic relations district courts and general district courts and requires petitions against minors to be filed in juvenile and domestic relations district courts. The bill requires a copy of the order to be served on the parent or guardian of the minor at any address where the minor resides or the local board of social services in the case where the minor is the subject of a dependency or court-approved out-of-home placement. The bill also provides the process for which firearms not owned by the subject of a petition are returned to the lawful owner of such firearms. The bill provides that any emergency substantial risk order or substantial risk order issued remains in full force and effect pending any appeal. Lastly, the bill provides that any person that makes a materially false statement or representation to a court during the petitioning process is guilty of a Class 1 misdemeanor. This bill is identical to SB 495.

Commission on the Virginia Alcohol Safety Action Program (VASAP). Restructures the existing governance structure and responsibilities of the Commission on VASAP and expands its oversight authority over local alcohol safety action programs. The provisions of the bill related to a fiscal agent locality have a delayed effective date of January 1, 2028. The bill also directs the Commission on VASAP to convene a work group with relevant stakeholders to review the sustainability of the structure and funding model for VASAP and submit a report of its findings and recommendations to the Commission on VASAP and the Chairs of the House Committees on Appropriations and for Courts of Justice and the Senate Committees on Finance and Appropriations and for Courts of Justice by October 1, 2026. As introduced, this bill was a recommendation of the Commission on VASAP and is identical to SB 391.

Drivers to stop for pedestrians; vulnerable road users; penalties. Makes it a traffic infraction if a driver operating a motor vehicle fails to stop for pedestrians and makes it a Class 1 misdemeanor if such traffic infraction results in the serious bodily injury or death of a vulnerable road user lawfully crossing a highway.

Virginia Forensic Nursing Advisory Council established; sexual assault forensic examiners; physical evidence recovery kits; report. Establishes the Virginia Forensic Nursing Advisory Council (the Council), which consists of five members appointed by the Governor, each of whom shall have expertise in forensic examination of sexual assault victims and shall currently reside and practice in the Commonwealth. The Council shall review and make recommendations as necessary to the Board of Health with support from the Coordinator of the Virginia Sexual Assault Forensic Examiner Coordination Program concerning (i) criteria to become a sexual assault forensic examiner, (ii) the process for certification as a sexual assault forensic examiner, (iii) the curriculum and training program of an entity seeking approval to train sexual assault forensic examiners, (iv) qualifications of prospective sexual assault forensic examiners, and (v) strategies for expanding access to sexual assault forensic examiners. The bill requires the Council to report, at least annually, to the General Assembly regarding the status of sexual assault forensics in the Commonwealth, including any recommendations to improve the quality of such services. The bill also amends provisions of law related to physical evidence recovery kits. This bill is identical to SB 1041.

Lighted vehicle headlights; lawful stop by law-enforcement officer. Clarifies that any evidence discovered or obtained following the lawful stop by a law-enforcement officer of a vehicle displaying no lighted headlights may be offered as evidence in any trial, hearing, or other proceeding if such evidence is otherwise admissible.