Delinquency petition; referral to court service unit.
Summary
Delinquency petition; referral to court service unit. Provides that at any point prior to the commencement of an adjudication hearing on a petition alleging that a child is delinquent, the court, upon request of the child with consent of the attorney for the Commonwealth, if a party to the case, may refer the delinquency charge back to the court service unit in writing and the intake officer shall proceed informally pursuant to relevant law. Additionally, the bill provides that upon such referral, the court shall dismiss the petition and order that the court records pertaining to the petition be expunged pursuant to relevant law. Lastly, the bill allows an intake officer to proceed informally on a complaint alleging a child is in need of services, in need of supervision, or delinquent if the juvenile has previously been proceeded against informally.Current law does not permit proceeding informally when a juvenile (i) commits a violent juvenile felony or (ii) is alleged delinquent for an offense that would be a felony if committed by an adult if such juvenile had previously been (a) proceeded against informally by intake or (b) adjudicated delinquent for a prior offense that would be a felony if committed by an adult. This bill is identical to SB 70.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House of Delegates Passage
Mar 2026
Senate Passage
Mar 2026
Signed into Law
Apr 2026
Introduced Jan 12, 2026
Signed Apr 13, 2026
Maddy AI version diff · 4 comparisons
What changed between versions
Criminal Subcommittee Substitute
→
Chaptered
·
3 edits
MINOR
This bill finalizes the text of HB 438 by adding a new section that allows courts to refer delinquency charges back to court service units for informal resolution before a formal hearing begins. It also clarifies that the court can only act on this referral if the child agrees and the Commonwealth's attorney consents, and it updates record-keeping requirements to ensure these informal records are preserved while the petition records are expunged.
Scope change
The bill's scope is expanded by adding a new procedural mechanism for resolving delinquency charges informally after a petition has been filed but before a hearing occurs.
REQUIREMENT
Added a new section 16.1-277.3 allowing the court to refer a delinquency charge back to the court service unit for informal proceedings prior to an adjudication hearing.
Modified the referral process to require the consent of the attorney for the Commonwealth in addition to the child's request.
Added specific instructions to preserve records created during informal intake or diversion while expunging the formal petition records.
Floor votes · Senate Mar 11, 2026 · House of Delegates Feb 17, 2026
How they voted
39–0
Passed
Total votes 39
Mar 11, 2026
D
Democratic20
100% Yea
R
Republican19
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
39
Key actions
15
Committee
8
Amendments
3
Apr 13, 2026
Signed into law
Approved by Governor-Chapter 613 (effective 7/1/2026)
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 (HB438ER)
lower
Mar 12, 2026
Lower · Passed
Senate amendments agreed to by House (64-Y 34-N 0-A)
lower
Mar 11, 2026
Upper · Passed
Passed Senate with amendments Block Vote (40-Y 0-N 0-A)
upper
Mar 11, 2026
Upper · Passed
Passed Senate with amendments Block Vote (39-Y 0-N 0-A)
upper
Mar 11, 2026
Introduced
Engrossed by Senate as amended
upper
Mar 11, 2026
Upper · Passed
Courts of Justice Amendment agreed to
upper
Mar 10, 2026
Upper · Passed
Passed by for the day (Voice Vote)
upper
Mar 9, 2026
Upper · Passed
Reported from Finance and Appropriations (14-Y 0-N)
upper
Mar 2, 2026
Upper · Passed
Senate committee offered
upper
Mar 2, 2026
Upper · Passed
Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (15-Y 0-N)
upper
Feb 18, 2026
Committee
Referred to Committee for Courts of Justice
upper
Feb 17, 2026
Lower · Passed
Read third time and passed House (63-Y 33-N 0-A)
lower
Feb 11, 2026
Lower · Passed
Reported from Courts of Justice with substitute (15-Y 7-N)
lower
Feb 6, 2026
Lower · Passed
House subcommittee offered
lower
Feb 3, 2026
Committee
Assigned HCJ sub: Criminal
lower
Jan 12, 2026
Committee
Referred to Committee for Courts of Justice
lower
1 primary · 1 co-sponsor
Sponsors
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