HB 172 Virginia House of Delegates · 2026 Regular Session

Criminal cases; request for a jury to ascertain range of punishment, etc.

Summary
Criminal cases; request for a jury to ascertain punishment. Provides that an accused may withdraw a request for a jury to ascertain punishment up until the commencement of the sentencing proceeding. The bill also provides that counsel for either party shall have the right to examine jurors regarding the potential punishment, or range or ranges of punishment, regardless of whether the jury will ascertain punishment and that the court or counsel for either party may inform any person or juror during voir dire as to the potential punishment, or range or ranges of punishment, to ascertain if the person or juror can sit impartially in the guilt or sentencing phase of the case. Current law provides that the court or counsel for either party may inform any person or juror during voir dire as to the potential range of punishment to ascertain if the person or juror can sit impartially in the sentencing phase of the case.
Bill status vetoed 4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House of Delegates Passage
Mar 2026
Senate Passage
Mar 2026
Vetoed
Apr 2026
Introduced Jan 6, 2026 Vetoed Apr 13, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

Enrolled Criminal Subcommittee Substitute · 2 edits
MINOR
The bill was converted from an Enrolled Act into a House Substitute Amendment, changing its status from final law back to a draft version for further review. The text was reformatted to include standard legislative headers and line numbers, and a new subsection was added to clarify that specific juvenile sentencing rules still apply to juvenile defendants.
Scope change
The bill's scope remains focused on criminal jury selection and sentencing, but the applicability to juveniles is now explicitly detailed in a new subsection.
TECHNICAL

The document format changed from a finalized Enrolled Act to a House Substitute Amendment, indicating the bill is no longer in its final approved state.

REQUIREMENT

A new subsection was added to § 19.2-262.01 to specify that while general voir dire rules apply to juveniles, the specific sentencing provisions of § 16.1-272 must still be followed.

Floor votes · Senate Mar 10, 2026 · House of Delegates Feb 10, 2026

How they voted

390
Passed
Total votes 39
Mar 10, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
34
Key actions
12
Committee
7
Amendments
3
Apr 13, 2026
Vetoed
Governor's recommendation received by House
executive
Mar 31, 2026
Lower · Passed
Signed by Speaker
lower
Mar 30, 2026
Upper · Passed
Signed by President
upper
Mar 30, 2026
Lower · Passed
Bill text as passed House and Senate (HB172ER)
lower
Mar 12, 2026
Lower · Passed
Senate amendments agreed to by House (63-Y 34-N 0-A)
lower
Mar 11, 2026
Upper · Passed
Passed Senate with amendments (21-Y 19-N 0-A)
upper
Mar 11, 2026
Introduced
Engrossed by Senate as amended
upper
Mar 11, 2026
Upper · Passed
Courts of Justice Amendments agreed to
upper
Mar 10, 2026
Upper · Passed
Passed by for the day Block Vote (Voice Vote)
upper
Mar 9, 2026
Upper · Passed
Senate committee offered
upper
Mar 9, 2026
Upper · Passed
Reported from Courts of Justice with amendments (9-Y 6-N)
upper
Feb 11, 2026
Committee
Referred to Committee for Courts of Justice
upper
Feb 10, 2026
Lower · Passed
Read third time and passed House (63-Y 34-N 0-A)
lower
Feb 4, 2026
Lower · Passed
Reported from Courts of Justice with substitute (15-Y 7-N)
lower
Jan 30, 2026
Lower · Passed
House subcommittee offered
lower
Jan 29, 2026
Committee
Assigned HCJ sub: Criminal
lower
Jan 6, 2026
Committee
Referred to Committee for Courts of Justice
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.