Criminal Justice (Domestic Violence)

Emergency protective orders; duration. Extends the duration of an emergency protective order from a maximum of three days to a maximum of two weeks. The bill permits a petitioner, prior to the expiration of an emergency protective order, to file a written motion requesting to extend such order and authorizes a court, upon good cause shown, to extend the emergency protective order for an additional period of time not to exceed two weeks after expiration of the original order. Finally, the bill permits a court to continue an emergency protective order to the first hearing date of any related criminal offense. The bill contains technical amendments.

Virginia Residential Landlord and Tenant Act; landlord remedies; rental agreement noncompliance; victim of family abuse. Removes the requirement that a tenant who is a victim of family abuse provide the landlord prompt notification should the perpetrator return to the dwelling unit to prevent the landlord from terminating a lease solely due to such act of family abuse occurring in the dwelling unit or on the premises by a perpetrator barred from the dwelling unit. Under the bill, if the tenant provides the landlord with a copy of the protective order, should the perpetrator not already be barred from the unit by the landlord, the lease shall not be terminated due solely to an act of family abuse against the tenant by a perpetrator barred from the dwelling unit.

Discovery; methods of delivery. Requires the Commonwealth, upon request by the accused or his counsel, to copy or photograph any discovery materials or evidence the accused is permitted to inspect and review, including relevant police reports, criminal records, dashboard camera footage, and body-worn camera footage, and requires the Commonwealth to provide copies to the accused or his counsel, subject to the redaction, restricted dissemination, and protective order provisions of the relevant Rules of the Supreme Court of Virginia and unless such material is prohibited from being distributed by law.The bill requires the attorney for the Commonwealth in any district court to provide to counsel of record for the accused, if requested, a copy of any relevant police report at least 10 days prior to the date the case is set for trial or preliminary hearing, and such report is subject to limitations on dissemination. The bill further provides that if such materials are provided to counsel of record for the accused in district court for a preliminary hearing, the circuit court shall order such counsel to provide discovery to the attorney for the Commonwealth subject to the relevant Rules of the Supreme Court of Virginia prior to trial in circuit court. Lastly, the bill provides that if at any time during the course of the proceedings it is brought to the attention of the court that the attorney for the Commonwealth has failed to comply with such provisions, the court may order the Commonwealth to permit discovery or inspection, grant a continuance, or prohibit the Commonwealth from introducing evidence not disclosed, or the court may enter such other order as it deems just under the circumstances.

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.

Virginia Sexual and Domestic Violence Victim Fund; additional fee for certain offenses. Provides that the clerk shall assess a fee of $500 for conviction of certain offenses outlined in the bill. The bill requires such fees to be credited to the Virginia Sexual and Domestic Violence Victim Fund and designated for funding support services for eligible victims. This bill is identical to SB 329.

Carrying firearms in restricted locations; exception. Provides that the prohibition on carrying a firearm in certain restricted locations does not apply to any woman who is a current victim of family abuse and has an active protective order against a family or household member.

Substantial risk orders; Substantial Risk Order Training Program established; annual report. Directs the Department of Criminal Justice Services to establish the Substantial Risk Order Training Program for the purposes of training law-enforcement agencies and other public institutions throughout the Commonwealth to use and implement the substantial risk order law. The bill directs all law-enforcement officers to receive training in the use and implementation of substantial risk orders. The bill requires the programming to provide training regarding proper procedures to follow, the circumstances under which the law can be used, the benefits to public safety from proper use of the law, and the harm that may ensue from the law not being used when lawfully available. The Program also includes efforts to educate the public on and increase awareness of the substantial risk order law. The bill requires the Department to report by November 1 each year to the Secretary of Public Safety and Homeland Security regarding the use of Program funds, details of the content of programming developed, and the effectiveness of the Program in assisting law-enforcement agencies and other public institutions in the use of the substantial risk order law. The bill has a delayed effective date of July 1, 2027.The bill requires the Department of Criminal Justice Services to evaluate all potential funding sources for the Program and submit a report on its findings, including the availability of federal funding, to the Chairs of the Senate Committees on Finance and Appropriations and for Courts of Justice and the House Committees on Appropriations and for Courts of Justice no later than November 1, 2026.

Domestic and Sexual Assault Conviction Database. Requires the Superintendent of State Police to establish a Domestic and Sexual Assault Conviction Database that will include information about persons who were convicted of certain offenses against a family or household member, as defined in relevant law, or an intimate partner, defined in the bill. The bill specifies that the Database will be available to the public on the Department of State Police's website. The bill provides that any person whose information is on the Database may petition for removal of such information from the Database if certain requirements are met and that the State Police shall include such petition information on the Database website. Under the bill, the Superintendent of State Police is required to complete the Database by July 1, 2027.

Virginia Sexual and Domestic Violence Victim Fund; additional fee for certain offenses. Provides that the clerk shall assess a fee of $500 for conviction of certain offenses outlined in the bill. The bill requires such fees to be credited to the Virginia Sexual and Domestic Violence Victim Fund and designated for funding support services for eligible victims. This bill is identical to HB 1233.