Criminal Justice

Aggravated murder; admission to bail; rebuttable presumption against bail; magistrates. Creates a rebuttable presumption against bail for certain criminal offenses enumerated in the bill. The bill requires the court to consider certain factors when determining whether the presumption against bail has been rebutted and whether there are appropriate conditions of release. The bill also expands the information a judicial officer can consider for determining bail, including any involuntary admission or commitment order within the previous three years, and provides that any person arrested for a felony who (i) has never been convicted of a violent offense, as defined in § 19.2-297.1, but his current arrest is for a violent felony, or (ii) has been convicted within the previous 10 years of three or more offenses, provided that each such offense is a Class 1 misdemeanor or felony and that the defendant has been at liberty between such convictions, may be released only upon a secure bond. The bill requires the judicial officer to file written findings if he grants bail in certain instances. Additionally, the bill requires the chief magistrate to file a written order with the Executive Secretary of the Supreme Court if a magistrate is suspended that states the reasons for such suspension, including a failure to issue such written findings. Lastly, the bill also provides that the willful, deliberate, and premeditated killing of any person while such person is on or within a vehicle operated by a public transportation service, as defined in relevant law, is guilty of aggravated murder.

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 HB 901.

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.

Sexual abuse of certain children; penalty. Increases from a Class 1 misdemeanor to a Class 6 felony the penalty for sexual abuse of a child who is 13 or 14 years of age.

Duties and responsibilities of local pretrial services officers; assessments. Requires a local pretrial services officer to conduct a risk assessment of defendants arrested on state and local warrants and who are detained in jails located in jurisdictions served by the local pretrial services agency while awaiting a hearing before any court that is considering or reconsidering bail, at initial appearance, advisement or arraignment, or at other subsequent hearings. Current law requires a local pretrial services officer to interview such defendants. The bill also provides that each local pretrial services officer may conduct defendant interviews as appropriate and when available resources permit.

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.

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 HB 964.

Aggravated murder; assault and battery; correctional officer; custodial employee of Department of Corrections; penalties. 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 expands the definition of aggravated murder to include the willful, deliberate, and premeditated killing of any person by a prisoner confined in a juvenile correctional facility, defined in relevant law. The bill provides that if any person maliciously causes bodily injury to another by any means, including the means set out in existing law, with intent to maim, disfigure, disable, or kill, and knowing or having reason to know that such other person is a correctional officer, as defined in relevant law, engaged in the performance of his public duties as a correctional officer, such person is guilty of a felony punishable by imprisonment for a period of not less than five years nor more than 30 years and, subject to existing law, a fine of not more than $100,000; upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of two years. The bill also provides that if any person unlawfully, but not maliciously, with the intent aforesaid, causes bodily injury to another by any means, knowing or having reason to know such other person is a correctional officer engaged in the performance of his public duties as a correctional officer, he is guilty of a Class 6 felony, and upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of one year. Lastly, the bill provides that if an assault and battery upon (i) a correctional officer; (ii) a person directly involved in the care, treatment, or supervision of inmates in the custody of the Department of Corrections; (iii) an employee of a local or regional correctional facility directly involved in the care, treatment, or supervision of inmates in the custody of the facility; or (iv) a person directly involved in the care, treatment, or supervision of persons in the custody of or under the supervision of the Department of Juvenile Justice involves the use of any bodily fluid or excrement from such person charged, the sentence of such person, upon conviction, shall include a mandatory minimum term of confinement of three years.

Study; Virginia State Crime Commission; model policy framework; justice-involved veterans; report. Directs the Virginia State Crime Commission to study and propose recommendations for a model policy framework for the treatment and sentencing of veterans in the criminal justice system.

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. This bill was incorporated into SB 727.