Criminal Justice

Court Date Reminder Program established. Establishes a Court Date Reminder Program, to be developed or procured by the Executive Secretary of the Supreme Court of Virginia, for the purpose of reminding criminal defendants to appear at each of their scheduled court appearances. The bill directs the Program to send a text message notification to any defendant with a criminal case in general district court or circuit court for whom the court has a telephone number prior to any scheduled hearing that requires his appearance and allows a defendant to opt out of participating in the Program. The Program has a delayed effective date of July 1, 2027.The bill also directs the Executive Secretary of the Supreme Court to convene a Court Date Reminder Program work group to advise on the implementation and expansion of the Program and submit a report of its findings and recommendations to the Supreme Court of Virginia and the Chairs of the House and Senate Committees for Courts of Justice by December 1, 2026.

Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions; retaining counsel. Provides that the speedy trial statute is tolled for the accused to retain private counsel or have counsel appointed to him pursuant to relevant law. The bill requires the court to conduct, not more than 30 days apart, reviews of the accused's attorney status and provides that such tolling shall end when the accused has either retained counsel or had counsel appointed to him and such counsel has entered an appearance in the case or the accused executes a valid waiver of counsel. Lastly, the bill provides that such provisions shall not be construed as ending the tolling of speedy trial for any other reason pursuant to relevant law.

Issuance of summons instead of warrant in certain cases. Provides that in any misdemeanor case or in any class of misdemeanor cases other than Class 1 or 2 misdemeanors, or in any case involving complaints made by any state or local governmental official or employee having responsibility for the enforcement of any statute, ordinance, or administrative regulation, the magistrate or other issuing authority having jurisdiction may issue a summons instead of a warrant only upon a showing of evidence that the accused is willing and able to appear in the courts having jurisdiction over the trial of the offense charged. The bill further provides that in cases involving Class 1 or 2 misdemeanors, the magistrate or other issuing authority having jurisdiction shall issue a warrant for such alleged offense unless he finds that there is reason to believe that the person charged will appear in the courts having jurisdiction over the trial of the offense charged. The bill requires the magistrate or other issuing authority having jurisdiction to submit, in writing, the facts supporting his decision to issue a summons instead of a warrant, which shall be filed with the summons in the court file. Under current law, the magistrate or other issuing authority having jurisdiction may issue a summons instead of a warrant when there is reason to believe that the person charged will appear in the courts having jurisdiction over the trial of the offense charged.

Criminal complaint, warrant, summons, etc.; temporary sealing. Provides that (i) any complaint that accompanies any warrant, summons, or capias issued pursuant to relevant law may be temporarily sealed for a specific period of time by the appropriate court upon application of the attorney for the Commonwealth for good cause shown in an ex parte hearing and (ii) any individual arrested on or served with such warrant, summons, or capias may move the appropriate court for the unsealing of such complaint. The bill states that the burden of proof with respect to continued sealing shall be upon the Commonwealth.

Short-term rental properties; human trafficking awareness training. Requires every short-term rental operator, defined in the bill, and its employees to complete an approved training course on recognizing and reporting instances of suspected human trafficking, as provided or approved by the Department of Criminal Justice Services. The bill requires that any short-term rental registry ordinance adopted by a locality pursuant to relevant law shall include that the training on recognizing and reporting instances of suspected human trafficking required by the bill be completed as part of the registration process. The bill has a delayed effective date of July 1, 2027. The bill contains technical amendments.

Voluntary manslaughter; penalty. Increases the penalty for voluntary manslaughter from a Class 5 felony, punishable by between one and ten years' imprisonment in a state correctional facility, to an unclassified felony punishable by imprisonment in a state correctional facility for not less than one year nor more than 20 years or, in the discretion of the jury or court trying the case without a jury, by confinement in jail for a period not exceeding 12 months or a fine of not more than $2,500, either or both.

Court fines and fees; indigent defendant; waiver of fees. Provides that in any criminal or traffic case, the court may waive the assessment of certain fees specified in the bill, either wholly or in part, if the court determines the defendant to be indigent pursuant to the financial criteria set forth in relevant law and unable to pay such fee. The bill provides that the court may make such determination sua sponte or upon motion of the defendant at any time prior to the entry of an order for which such fee is assessed or the final order has been entered.

Competency treatment in misdemeanor proceedings. Provides that in cases where the defendant has been charged with a misdemeanor offense, the court may (i) order outpatient treatment or (ii) dismiss the charges. Where a defendant is found to be incompetent, the bill permits a court to (a) order that such defendant receive treatment to restore his competency on an outpatient basis in a local correctional facility or at a location determined by the appropriate community services board or behavioral health authority, (b) order that such defendant be evaluated to determine whether he meets the criteria for temporary detention, or (c) dismiss the misdemeanor charge and release such defendant. The bill also requires a court to dismiss misdemeanor charges in a competency proceeding when a defendant is charged with both misdemeanor and felony offenses.

Constitutional amendment (voter referendum); qualifications of voters; right to vote; persons not entitled to vote. Provides for a referendum at the November 3, 2026, general election to approve or reject an amendment that would provide for the fundamental right to vote in the Commonwealth, revise the qualifications of voters so that a person convicted of a felony is not entitled to vote during his period of incarceration but is automatically invested with the right to vote upon release from incarceration, and update the existing prohibition on voting by persons found to be mentally incompetent to instead apply to persons who have been found to lack the capacity to understand the act of voting. This bill is identical to SB 6.

Constitutional amendment (voter referendum); qualifications of voters; right to vote; persons not entitled to vote. Provides for a referendum at the November 3, 2026, general election to approve or reject an amendment that would provide for the fundamental right to vote in the Commonwealth, revise the qualifications of voters so that a person convicted of a felony is not entitled to vote during his period of incarceration but is automatically invested with the right to vote upon release from incarceration, and update the existing prohibition on voting by persons found to be mentally incompetent to instead apply to persons who have been found to lack the capacity to understand the act of voting. This bill is identical to HB 963.