HB 489 Virginia House of Delegates · 2026 Regular Session

Restorative justice practices; definitions, effect of participation, immunity from civil liability.

Summary
Restorative justice practices. Provides that participation in a restorative justice practice, as defined in the bill, shall not be used as evidence or as an admission of guilt, delinquency, or civil liability in current or subsequent legal proceedings against any participant. The bill also provides that restorative justice communications, defined in the bill, are not admissible in, or subject to discovery for, any legal proceeding, and disclosure of such communications shall not be compelled in any judicial or administrative proceeding, arbitration, or mediation. The bill prohibits any person involved in a restorative justice practice, as defined in the bill, from testifying about any phase of such practice in any judicial or administrative proceeding, arbitration, or mediation except in certain circumstances enumerated in the bill. Lastly, the bill provides civil immunity for any person, who in good faith, discloses any restorative justice communication based on his belief that such disclosure is allowed pursuant to such provisions, provided that such disclosure was limited to solely address any such allowable disclosure.
Bill status failed 4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House of Delegates Passage
Feb 2026
Senate Passage
Mar 2026
Governor
Introduced Jan 12, 2026 Last action Mar 14, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

Criminal Subcommittee Substitute Senator Perry Substitute · 6 edits
MODERATE
The bill was converted from a House substitute to a Senate substitute, significantly altering its content. The original text focused solely on defining restorative justice and protecting its confidentiality. The new version adds a mandatory reporting requirement for child abuse and neglect for restorative justice facilitators and other professionals, while also expanding the legal protections for restorative justice communications to include written agreements and specific exceptions.
Scope change
The bill's scope expanded from a narrow focus on restorative justice procedures to include a broad mandate for mandatory child abuse reporting by various professionals, including restorative justice facilitators.
SCOPE

The bill now amends an existing child abuse reporting statute (§ 63.2-1509) in addition to adding new restorative justice sections, changing it from a standalone restorative justice bill to a hybrid bill affecting child welfare.

REQUIREMENT

Restorative justice facilitators are now legally required to report suspected child abuse or neglect, overriding the confidentiality protections that previously applied to their work.

Confidentiality for restorative justice communications now requires a written agreement between the victim, defendant, and attorney to be fully protected in legal proceedings.

A new exception was added allowing restorative justice facilitators to testify about the practice if called by a party, provided their testimony is limited to the fact that the practice occurred and its success.

DEFINITION

The definition of a 'restorative justice facilitator' was updated to explicitly state they cannot serve as legal counsel, investigators, or advocates for any party.

ENFORCEMENT

Failure to report suspected child abuse by a required person is now punishable by a fine of up to $500 for the first offense and at least $1,000 for subsequent failures, or a Class 1 misdemeanor for serious sexual offenses.

Floor votes · Senate Mar 9, 2026 · House of Delegates Feb 17, 2026

How they voted

390
Passed
Total votes 39
Mar 9, 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
45
Key actions
10
Committee
8
Amendments
5
Mar 12, 2026
Committee
Senate requested conference committee
upper
Mar 12, 2026
Amended
Senate substitute with amendment rejected by House (1-Y 95-N 0-A)
lower
Mar 11, 2026
Upper · Passed
Passed Senate with substitute with amendment (21-Y 19-N 0-A)
upper
Mar 11, 2026
Introduced
Engrossed by Senate - substitute with amendment
upper
Mar 11, 2026
Upper · Passed
Senator Surovell Amendment agreed to
upper
Mar 11, 2026
Introduced
Reading of amendment waived (Voice Vote)
upper
Mar 11, 2026
Introduced
Floor offered Senator Surovell Amendment
upper
Mar 11, 2026
Upper · Passed
Passed Senate with substitute (21-Y 19-N 0-A)
upper
Mar 10, 2026
Upper · Passed
Passed by for the day
upper
Mar 9, 2026
Upper · Passed
Passed by for the day Block Vote (Voice Vote)
upper
Mar 5, 2026
Upper · Passed
Reported from Courts of Justice with substitute (8-Y 6-N)
upper
Mar 5, 2026
Upper · Passed
Senate committee offered
upper
Feb 18, 2026
Committee
Referred to Committee for Courts of Justice
upper
Feb 17, 2026
Lower · Passed
Read third time and passed House (61-Y 36-N 0-A)
lower
Feb 13, 2026
Lower · Passed
Reported from Courts of Justice with substitute (15-Y 6-N)
lower
Feb 11, 2026
Lower · Passed
House subcommittee offered
lower
Feb 7, 2026
Committee
Assigned HCJ sub: Criminal
lower
Jan 12, 2026
Committee
Referred to Committee for Courts of Justice
lower
1 primary · 2 co-sponsors

Sponsors