Affirmative defense or reduced penalty for mental illness, neurocognitive disorder, or intellectual or developmental disability. Provides an affirmative defense to prosecution of a person for assault or assault and battery against certain specified persons for which the enhanced Class 6 felony and six-month mandatory minimum apply if such person proves, by a preponderance of the evidence, that at the time of the assault or assault and battery (i) the person's behaviors were a result of (a) mental illness or (b) a neurocognitive disorder, including dementia, or an intellectual disability or a developmental disability such as autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association, or (ii) the person met the criteria for issuance of an emergency custody order.The bill requires such person or his counsel to give notice in writing to the attorney for the Commonwealth at least 60 days prior to his trial in circuit court, or at least 14 days if the trial date is set within 21 days of his last court appearance, of his intention to present such evidence. Additionally, if such notice is not given, and the person proffers such evidence at his trial as a defense, then the court may in its discretion either allow the Commonwealth a continuance or, under appropriate circumstances, bar such person from presenting such evidence; any such continuance shall not be counted for speedy trial purposes pursuant to relevant law.Lastly, the bill provides that if such person does not prove that his behaviors were a result of his mental illness, intellectual disability, developmental disability, or neurocognitive disorder but the evidence establishes that his mental illness, intellectual disability, developmental disability, or neurocognitive disorder otherwise contributed to his behaviors, the finder of fact may find such person guilty of a Class 1 misdemeanor. The bill also provides that such affirmative defense shall not be construed to allow an affirmative defense for voluntary intoxication. This bill is identical to HB 246.
Secretary of Public Safety; firearm violence. Directs the Secretary of Public Safety to convene a work group to develop policy and legislative recommendations to establish the Virginia Gun Violence Prevention Center. The bill allows the work group to (i) meet both in-person and virtually, (ii) have small group breakouts for the purpose of advancing work in a timely and efficient manner, and (iii) collaborate with experts and other representatives as needed. The bill requires the work group to report its findings and any legislative and policy recommendations to the General Assembly by December 15, 2026. This bill is identical to HB 969.
State correctional facilities; visitation policies; work group. Sets additional visitation standards for visitors to state correctional facilities. The bill requires the Department of Corrections (the Department) to provide extended or additional visitation access for long-distance visitors. The bill provides that each in-person visit shall last a minimum of two hours unless shortened at the request of either the visitor or the incarcerated individual, or in response to an active security event. The bill also provides that visitation privileges may be suspended only for conduct occurring during visitation that presents a direct and substantial threat to the physical safety of participants or the security of the correctional facility. The bill provides a timeline and process for appealing any suspension of visitation rights. Finally, the bill directs the Department to convene a work group to consider and develop practical policy and legislative recommendations regarding visitation. The work group is required to report its findings and specific legislative and policy recommendations to the General Assembly by October 1, 2026. This bill is identical to HB 173.
Earned sentence credits; incarceration while awaiting trial or pending an appeal. Provides that a person's eligibility for earned sentence credits includes any period of time actually spent in any state or local correctional facility, state hospital, or juvenile detention facility awaiting trial or pending an appeal that was deducted from such person's term of incarceration or detention. The bill provides that the provisions apply retroactively to any person who is confined in any state or local correctional facility on July 1, 2028. The bill has a delayed effective date of July 1, 2028.
Secretary of Public Safety; firearm violence. Directs the Secretary of Public Safety to convene a work group to develop policy and legislative recommendations to establish the Virginia Gun Violence Prevention Center. The bill allows the work group to (i) meet both in-person and virtually, (ii) have small group breakouts for the purpose of advancing work in a timely and efficient manner, and (iii) collaborate with experts and other representatives as needed. The bill requires the work group to report its findings and any legislative and policy recommendations to the General Assembly by December 15, 2026. This bill is identical to SB 364.
Department of Criminal Justice Services; powers and duties; local and regional jails; repeal of model addiction recovery program. Removes the requirement that the Department of Criminal Justice Services, in consultation with the Department of Behavioral Health and Developmental Services, develop a model addiction recovery program that may be administered by sheriffs, deputy sheriffs, jail officers, administrators, or superintendents in any local or regional jail. This bill is a recommendation of the Joint Commission on Health Care. This bill is identical to HB 454.
Payment of costs when proceedings deferred and defendant placed on probation. Provides that for any deferral entered into on or after July 1, 2026, pursuant to relevant law, the court shall not require the defendant to pay such costs or other fees imposed pursuant to relevant law as a term or condition of his deferral. The bill states that upon fulfillment of all other terms and conditions, the court shall adjudicate the matter consistent with the agreement of the parties or, if none, by conviction of an alternative charge or dismissal of the case. The bill specifies that such costs and other fees shall remain due until paid, and all methods of payment and collection already available at law to satisfy or collect any outstanding costs or other fees shall remain available to such court after the underlying case against the defendant has been adjudicated or dismissed.
Jurisdiction of district courts in felony cases; specialty dockets; Behavioral Health Docket Act. Authorizes a general district court and a juvenile and domestic relations district court to retain jurisdiction over a felony offense for the purpose of allowing the accused to complete a specialty docket or behavioral health docket established pursuant to relevant law. Current law only explicitly provides such courts with the ability to certify felony charges to the circuit court or dismiss such charges after a preliminary hearing to determine if probable cause exists for such charges.
Deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement. Adds developmental disabilities to the autism and intellectual disability deferred disposition statute. The bill also provides that when a court defers and dismisses a charge pursuant to the autism, intellectual disability, or developmental disability deferred disposition statute, such charge may be considered as otherwise dismissed for purposes of expungement of police and court records. The bill also (i) clarifies that the defendant may request a hearing to determine the appropriateness of a deferred disposition at any time before or after any plea and (ii) provides that no statement made by the defendant at such a hearing is admissible in any criminal proceeding, except that any such statement made under oath may be admissible in a criminal proceeding for perjury or for purposes of impeachment in a criminal matter. This bill is identical to HB 247.
State correctional facilities; visitation policies; work group. Sets additional visitation standards for visitors to state correctional facilities. The bill requires the Department of Corrections (the Department) to provide extended or additional visitation access for long-distance visitors. The bill provides that each in-person visit shall last a minimum of two hours unless shortened at the request of either the visitor or the incarcerated individual, or in response to an active security event. The bill also provides that visitation privileges may be suspended only for conduct occurring during visitation that presents a direct and substantial threat to the physical safety of participants or the security of the correctional facility. The bill provides a timeline and process for appealing any suspension of visitation rights. Finally, the bill directs the Department to convene a work group to consider and develop practical policy and legislative recommendations regarding visitation. The work group is required to report its findings and specific legislative and policy recommendations to the General Assembly by October 1, 2026. This bill is identical to SB 276.
