Criminal Justice

Voter registration; restoration of political rights upon release from incarceration; certain adjudications. Provides that any person who loses his political rights as a result of a felony conviction shall be invested with those rights upon his release from incarceration and shall be entitled to register to vote. The bill directs the Department of Corrections and the State Board of Local and Regional Jails to transmit to the Department of Elections certain information for incarcerated persons with a pending date of release and requires the Department of Elections to process the information and make the necessary changes to the voter registration system to permit such persons to register to vote by the date of the person's scheduled date of release. On the date of an incarcerated person's release, the appropriate authority is required by the bill to provide a voter registration application, information on returning the form by mail or completing it by electronic means, and an official release document to serve as a safety net for voter registration. The bill also amends the language regarding adjudications of mental incompetency for purposes of being qualified to vote; a person adjudicated to lack the capacity to understand the act of voting shall not be entitled to vote until that capacity has been reestablished. The bill has a delayed effective date of January 1, 2027, contingent upon the approval of the constitutional amendments at the November 3, 2026, general election. This bill is identical to SB 162.

Assault and battery; district court temporary recall judge; penalty. Adds a judge of a district court under temporary recall to the definition of "judge" as it relates to the crime of assault and battery, which is a Class 1 misdemeanor that is enhanced to a Class 6 felony with a mandatory minimum term of confinement of six months if such judge is engaged in his public duties at the time of the offense. This bill is a recommendation of the Committee on District Courts and is identical to SB 144.

Callous disregard for human life and probable consequences; penalties. Makes it a Class 1 misdemeanor for any person who commits a criminal act and whose conduct was so gross, wanton, or culpable as to indicate a callous disregard for human life and for the probable consequences of his conduct. The bill enhances the penalty to a Class 6 felony where such person knew or should have known that the consequences of such conduct would pose a greater risk to first responders.

Use of unmanned aircraft systems by law-enforcement officers; search warrants; model policy. Expedites the issuance of a search warrant for unmanned aircraft systems by law-enforcement officers upon a finding of reasonable and probable cause by an authorized judicial official, as defined in the bill, and permits the use of unmanned aircraft systems without a search warrant when law enforcement is surveying the scene of a crime or to respond to a public safety call for service when such crime scene or call for service is located on public property, to locate a person when such person has fled the offense location during the initial response to an incident, or to provide real-time aerial observation to increase on-scene safety and security. Such provisions are subject to a reenactment clause. The bill also requires the Department of Criminal Justice Services, in consultation with the Virginia Indigent Defense Commission and the Virginia Association of Commonwealth's Attorneys, to establish a model policy for the use of unmanned aircraft systems by December 1, 2026. This bill is identical to SB 647.

Carrying assault firearms in public areas prohibited; penalty. Prohibits the carrying of certain semi-automatic center-fire rifles, pistols, and shotguns or any firearm modified to be operable as an assault firearm on any public street, road, alley, sidewalk, or public right-of-way or in any public park or any other place of whatever nature that is open to the public, with certain exceptions. Under current law, the prohibition on carrying certain shotguns and semi-automatic center-fire rifles and pistols applies to a narrower range of firearms, only in certain localities, and only when such firearms are loaded. A violation of this prohibition is a Class 1 misdemeanor.

Issuance of vacatur for victims of human trafficking. Expands the current process for the issuance of writs of vacatur for victims of human trafficking to include ancillary matters, defined in the bill, and any charge or arrest related to a qualifying offense as defined in current law. The bill also expands the list of qualifying offenses eligible for such writ. This bill is identical to SB 748.

Aggravated murder defined; correctional officers; punishment. Adds to the definition of aggravated murder, which is a Class 1 felony, the willful, deliberate, and premeditated killing of a correctional officer, defined in relevant law, when such killing is for the purpose of interfering with the performance of his official duties. The bill also provides that where the offender was 18 years of age or older at the time of the offense, the punishment shall be no less than a mandatory minimum term of confinement for life.

Stalking by electronically transmitted communication; penalty. Provides that "electronically transmitted communication" includes communication by telephone, computer, or other electronic device for the offense of stalking, which is punishable as a Class 1 misdemeanor or, if the second offense occurs within five years of a prior conviction for stalking, is punishable as a Class 6 felony.

Purchase, possession, or transportation of firearm; assault and battery of a family or household member or intimate partner; penalty. Adds to the definition of "family or household member," as such definition relates to juvenile and domestic relations district court, a person's intimate partner, defined in the bill as an individual who, within the previous 12 months, was in a romantic, dating, or sexual relationship with the person as determined by the length, nature, frequency, and type of interaction between the individuals involved in the relationship. The bill also adds to the definition of "family or household member," as such definition relates to a person's purchase, possession, or transportation of a firearm following an assault and battery of a family or household member, any individual who cohabits or who, within the previous 12 months, cohabitated with the person. Finally, the bill provides that any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2026, for the offense of assault and battery against an intimate partner or an offense substantially similar under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor. This bill is identical to HB 19.

Criminal cases; prosecutorial misconduct; reasonable costs and attorney fees. Entitles a defendant to recover reasonable costs and attorney fees when a criminal case against him is dismissed and it is discovered that prosecutorial misconduct was present or an abuse of process occurred in such case.