Criminal Justice

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.

Felony eluding; mandatory minimum. Imposes a one year mandatory minimum term of confinement in a state correctional facility for any person convicted of felony eluding if evidence is presented at sentencing that (i) the law-enforcement officer or responding law-enforcement agency used equipment, including spike strips or a law-enforcement vehicle, to forcibly stop such person's motor vehicle or (ii) such person's motor vehicle was used to intentionally damage a law-enforcement vehicle.

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.

Oral threat to kill or to do bodily harm; employees of local or state department of social services; penalty. Creates a Class 1 misdemeanor for any person who orally makes a threat to kill or do bodily injury to any call-center contractor or employee of the Department of Social Services or a local department of social services, as those terms as defined in relevant law, who is engaged in the performance of his duties.

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.

Manufacturing, selling, giving, distributing, or possessing with intent kratom; Virginia Consumer Protection Act; penalties. Provides that any person who knowingly manufactures, sells, gives, distributes, or possesses with the intent to manufacture, sell, give, or distribute kratom, when intended for human consumption, is guilty of a Class 1 misdemeanor. The bill defines kratom as any part of the leaf of the plant Mitragyna speciosa or any extract thereof. The bill also amends the existing provisions related to kratom in the Virginia Consumer Protection Act to prohibit selling or offering for sale (i) any kratom product to a person younger than 21 years of age or (ii) any kratom product intended for human consumption. Under current law, the Act prohibits selling or offering for sale (a) any kratom product to a person younger than 21 years of age or (b) any kratom product that does not include a label listing all ingredients and specific guidance about such product.

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.

Underage consumption or possession of alcoholic beverage or marijuana or marijuana products; consequences; procedures. Reduces the penalties for underage consumption or possession of alcoholic beverages or marijuana or marijuana products to a written warning for a first violation, a written warning and the provision of informational materials about how to access community services for a second violation, and a write-up and an optional referral for accessing community services for a third or subsequent violation. Under current law, underage consumption, purchase, or possession of alcoholic beverages is punishable as a Class 1 misdemeanor with a period of license suspension and an option for a deferred dismissal in certain circumstances. The current penalties for underage consumption or possession of marijuana or marijuana products is a civil penalty of $25 and an order to enter a substance abuse treatment or education program. The bill also provides that such underage persons are not capable of giving lawful consent to a search and that the unconcealed possession of an alcoholic beverage or marijuana or marijuana products shall not constitute probable cause to initiate a search of a person or that person's personal property to determine any further violations of law. The bill specifies that such underage persons shall not be subject to arrest or otherwise detained or taken into custody by a law-enforcement officer and that a law-enforcement officer's body-worn camera system shall be activated during any encounter involving an underage person suspected to be in violation of such provisions. The bill also puts limits on the dissemination and retention of any law-enforcement records related to violations of such provisions.

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.