HB 718 Virginia House of Delegates · 2026 Regular Session

Summons; issuance instead of warrant in certain cases.

Summary
Issuance of summons instead of warrant in certain cases. Provides that in any misdemeanor case or in any class of misdemeanor cases other than Class 1 or 2 misdemeanors, or in any case involving complaints made by any state or local governmental official or employee having responsibility for the enforcement of any statute, ordinance, or administrative regulation, the magistrate or other issuing authority having jurisdiction may issue a summons instead of a warrant only upon a showing of evidence that the accused is willing and able to appear in the courts having jurisdiction over the trial of the offense charged. The bill further provides that in cases involving Class 1 or 2 misdemeanors, the magistrate or other issuing authority having jurisdiction shall issue a warrant for such alleged offense unless he finds that there is reason to believe that the person charged will appear in the courts having jurisdiction over the trial of the offense charged. The bill requires the magistrate or other issuing authority having jurisdiction to submit, in writing, the facts supporting his decision to issue a summons instead of a warrant, which shall be filed with the summons in the court file. Under current law, the magistrate or other issuing authority having jurisdiction may issue a summons instead of a warrant when there is reason to believe that the person charged will appear in the courts having jurisdiction over the trial of the offense charged.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 13, 2026 Last action Feb 18, 2026
Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
6
Key actions
2
Committee
4
Feb 18, 2026
Lower · Passed
Left in Committee Courts of Justice
lower
Feb 6, 2026
Lower · Passed
Subcommittee recommends laying on the table (7-Y 3-N)
lower
Feb 5, 2026
Committee
Assigned HCJ sub: Criminal
lower
Jan 13, 2026
Committee
Referred to Committee for Courts of Justice
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Eric Zehr
Eric Zehr
RRepublican
VA
51