Criminal Justice (Courts)

signed · Virginia · House of Delegates Apr 13, 2026

HB 331: Proceedings deferred; payment of costs.

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.

Topics ✓ Criminal JusticeSupports Criminal JusticePrevents guilty judgments for unpaid costs while meeting probation terms, reducing financial barriers to avoiding conviction and aligning with criminal justice reform principles.85% confidence

Sub-Topics Courts Probation & Parole

passed · Virginia · Senate Mar 9, 2026

SB 198: Individuals with developmental or intellectual disabilities; admissibility of statements.

Admissibility of statements by individuals with developmental or intellectual disabilities in certain cases. Prohibits admission of any evidence from an individual with developmental disabilities or intellectual disabilities, as defined in relevant law, in certain criminal prosecutions unless the court finds by a preponderance of the evidence that such individual's decision to speak to law enforcement was not caused by and did not have a direct and substantial relationship to such individual's disability. The bill requires notice be given to the attorney for the Commonwealth if a defendant intends to introduce expert testimony regarding his disability. The bill prohibits any statements made by a defendant during an examination by an expert witness from being used against him except for impeachment or perjury. The provisions of the bill do not become effective unless reenacted by a subsequent regular or special session of the General Assembly.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill protects defendant rights by requiring clear evidence before admitting statements from disabled individuals, aligning with civil rights safeguards in criminal justice reform.92% confidence

Sub-Topics Courts Law Enforcement Tags People with Disabilities

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signed · Virginia · Senate Apr 6, 2026

SB 136: Probation; decreasing period.

Decreasing probation period. Establishes criteria for which a defendant's supervised probation period shall be reduced, including completing educational activities, maintaining employment, completing treatment, or obtaining housing. The bill provides that a court may decrease a defendant's probation period if warranted by the defendant's conduct upon receipt of a request from the Department of Corrections and requires the Department of Corrections to request termination of a defendant's supervised probation period after 12 months in certain situations. This bill is identical to HB 149.

Topics ✓ Criminal JusticeSupports Criminal JusticeReduces probation periods for compliant defendants through rehabilitation-focused criteria (education, treatment, housing), aligning with criminal justice reform goals to lower recidivism.95% confidence

Sub-Topics Corrections Courts Probation & Parole

vetoed · Virginia · House of Delegates Apr 13, 2026

HB 561: Driving while intoxicated; refusal of tests, repeat offenders, ignition interlocks.

Driving while intoxicated; refusal of tests; repeat offenders; ignition interlocks. Permits a court to issue a restricted license with immediate installation of ignition interlock systems for certain offenders charged with driving while intoxicated, refusal of tests, or repeat offender violations. The bill also directs the Commission on the Virginia Alcohol Safety Action Program to convene a work group to evaluate the provisions governing driving or operating a motor vehicle under the influence of alcohol and submit recommendations and a draft report to the Chairs of the House and Senate Committees for Courts of Justice by November 1, 2026. Current law requires various time limits of driver's license suspension for such violations before a restricted license may be issued.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill mandates ignition interlocks for repeat DWI offenders to reduce recidivism, aligning with criminal justice reform goals of preventing repeat offenses through rehabilitation-focused enforcement.95% confidence ✓ TransportationSupports TransportationBill mandates ignition interlocks for DUI offenders, enhancing road safety standards directly related to vehicle regulations under transportation policy.95% confidence

Sub-Topics Courts Driver Licensing

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in committee · Virginia · House of Delegates Jan 28, 2026

HB 274: Children; seizure, etc., of property used in connection with exploitation and solicitation.

Seizure, forfeiture, and destruction of property used in connection with the exploitation and solicitation of children. Requires the court to order the destruction of all audio and visual equipment, electronic equipment, devices, and other personal property used in connection with the possession, production, distribution, publication, sale, possession with intent to distribute, or making of child pornography, or in connection with the solicitation of a person less than 18 years of age, in violation of current law. The bill also (i) requires certain information to be provided by the law-enforcement agency responsible for the destruction, (ii) prohibits destruction of such items to be used in a criminal prosecution until all rights of appeal have been exhausted, and (iii) requires the law-enforcement agency to provide notice, by first-class mail, to the accused or other interested party, if known, and his attorney at least seven days prior to the destruction of the time and place the destruction will occur.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill mandates destruction of equipment used in child exploitation/solicitation, strengthening law enforcement's ability to combat child pornography and protect victims within criminal justice framework.92% confidence

Sub-Topics Courts Drug Policy

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signed · Virginia · House of Delegates Apr 13, 2026

HB 247: Deferred dispos. in criminal case; persons with autism, intellectual, or developmental disabilities.

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 SB 416.

Topics ✓ Criminal JusticeSupports Criminal JusticeExpungement provision for autism/intellectual disability cases reduces barriers to reintegration, aligning with criminal justice reform goals.95% confidence

Sub-Topics Courts Policing

passed · Virginia · House of Delegates Mar 3, 2026

HB 127: Person not free on bail; court appearance, right to counsel.

Court appearance of a person not free on bail. Makes various changes to provisions regarding bail hearings in jurisdictions having a public defender office, including (i) the appointment of counsel for the accused and (ii) a requirement that counsel for the accused, when practicable, be provided with adequate time to confer with the accused prior to any bail hearing. The bill also allows a jurisdiction that does not have a public defender office establish to implement such provisions. The bill provides that, effective in due course, the chief judge in each circuit shall create a plan to be completed by November 1, 2026, that establishes the means by which the jurisdiction will meet such provisions. The remaining provisions of the bill have a delayed effective date of January 1, 2027.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill mandates counsel appointment, adequate consultation time, and compensation for defendants at bail hearings, enhancing due process rights in criminal justice proceedings.90% confidence

Sub-Topics Courts Judges

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in committee · Virginia · House of Delegates Jan 23, 2026

HB 623: Forfeiture of certain weapons; petition for return by Commonwealth.

Forfeiture of certain weapons; petition for return by Commonwealth. Permits the attorney for the Commonwealth to petition a court for the return of a weapon to its lawful owner where such weapon was used by any person in the commission of a criminal offense and forfeited to the Commonwealth by order of the court.

Topics ✓ Criminal JusticeSupports Criminal JusticeAllows petition for weapon return after forfeiture, protecting owner rights from wrongful confiscation in criminal cases.85% confidence

Sub-Topics Courts

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in committee · Virginia · Senate Feb 4, 2026

SB 442: Court Date Reminder Program; established.

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 and to provide any related information. The bill directs the Program to send a text message notification to any defendant with a criminal case or traffic infraction in general district court or circuit court, allows a defendant to opt out of participating in the Program, and allows the Program administrator or his designee to use other communication methods to contact a defendant when such defendant is unable to receive text messages, including telephone, email, or other internet-based technology.

Topics ✓ Criminal JusticeSupports Criminal JusticeEstablishes court reminder program for criminal defendants to improve appearance rates, reducing avoidable warrants and detentions, supporting efficient criminal justice operations.85% confidence

Sub-Topics Courts

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in committee · Virginia · Senate Feb 10, 2026

SB 810: Deferred or installment payment agreements; outstanding court-assessed fines, fees, taxes, or costs.

Deferred or installment payment agreements; outstanding court-assessed fines, fees, taxes, or costs. Provides that the attorney for the Commonwealth or the clerk of the circuit court shall not require an individual to pay any outstanding court-assessed fines, fees, taxes, or costs arising from a criminal proceeding during the 180-day period following an individual's release from a term of imprisonment. This bill was incorporated into SB 180.

Topics ✓ Criminal JusticeSupports Criminal JusticeRemoves immediate financial barriers for formerly incarcerated individuals post-release, reducing recidivism risk and aligning with criminal justice reform goals.85% confidence

Sub-Topics Courts

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