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.
Law-enforcement officers; duty to render aid upon danger to life or limb; civil immunity. Provides that a law-enforcement officer, while engaged in the performance of his duties, has a duty to render aid to any person that he observes suffering from a serious bodily injury or life-threatening condition, as circumstances objectively permit and provided that such aid may be rendered without endangering the law-enforcement officer, the person, or others. The bill also immunizes a law-enforcement officer from civil liability for any personal injury or wrongful death resulting from such rendering or withholding of such aid absent gross negligence or willful misconduct. The bill directs the Department of Criminal Justice Services to adopt regulations to provide law-enforcement officers with basic medical training, including emergency first aid training.
Payment of costs when proceedings deferred and defendant placed on probation. Provides that for any deferral entered into on or after July 1, 2026, pursuant to relevant law, the court shall not require the defendant to pay such costs or other fees imposed pursuant to relevant law as a term or condition of his deferral. The bill states that upon fulfillment of all other terms and conditions, the court shall adjudicate the matter consistent with the agreement of the parties or, if none, by conviction of an alternative charge or dismissal of the case. The bill specifies that such costs and other fees shall remain due until paid, and all methods of payment and collection already available at law to satisfy or collect any outstanding costs or other fees shall remain available to such court after the underlying case against the defendant has been adjudicated or dismissed.
Jurisdiction of district courts in felony cases; specialty dockets; Behavioral Health Docket Act. Authorizes a general district court and a juvenile and domestic relations district court to retain jurisdiction over a felony offense for the purpose of allowing the accused to complete a specialty docket or behavioral health docket established pursuant to relevant law. Current law only explicitly provides such courts with the ability to certify felony charges to the circuit court or dismiss such charges after a preliminary hearing to determine if probable cause exists for such charges.
Reporting requirements of state, regional, and local correctional facilities; pregnant and postpartum inmates. Requires the warden or other official in charge of a state correctional facility that houses women prisoners to compile a monthly summary and the sheriff in charge of a local correctional facility, or his designee, or the jail superintendent of a regional correctional facility, or his designee, to compile a quarterly summary of all of the following and submit such summary to the Director of the Department of Corrections or State Board of Local and Regional Jails, as applicable: (i) the number of prisoners known to be pregnant in the facility, (ii) the number of prisoners in postpartum recovery in the facility, (iii) the number of women prisoners in the facility, (iv) the total number of prisoners in the facility, (v) the number of deaths of prisoners known to be pregnant in the facility, and (vi) the number of deaths of prisoners in postpartum recovery in the facility. The bill also requires such summary to be submitted to the Maternal Mortality Review Team and the Chairs of the House and Senate Committees for Courts of Justice. Lastly, the bill requires the sheriff in charge of a local correctional facility, or his designee, or the jail superintendent of a regional correctional facility, or his designee, to compile a quarterly summary of all written reports received pursuant to relevant law regarding use of restraints on any prisoner known to be pregnant or any prisoner who is in postpartum recovery and any body cavity search of a pregnant prisoner and submit such summary to the Board each quarter.
Licensed substance abuse treatment practitioners; licensure by endorsement; licensure without examination. Directs the Board of Counseling to establish a pathway to licensure by endorsement as a licensed substance abuse treatment practitioner for applicants who have held certification as a certified substance abuse counselor for at least 10 years without a history of disciplinary action, have completed at least five years of documented supervised experience, hold at least a master's degree in an appropriate field of counseling, and hold a Master Addiction Counselor credential issued by NAADAC, the Association for Addiction Professionals. The bill provides that such pathway to licensure by endorsement does not require examination.
Deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement. Adds developmental disabilities to the autism and intellectual disability deferred disposition statute. The bill also provides that when a court defers and dismisses a charge pursuant to the autism, intellectual disability, or developmental disability deferred disposition statute, such charge may be considered as otherwise dismissed for purposes of expungement of police and court records. The bill also (i) clarifies that the defendant may request a hearing to determine the appropriateness of a deferred disposition at any time before or after any plea and (ii) provides that no statement made by the defendant at such a hearing is admissible in any criminal proceeding, except that any such statement made under oath may be admissible in a criminal proceeding for perjury or for purposes of impeachment in a criminal matter. This bill is identical to HB 247.
Comprehensive crisis system; Marcus alert system; Department of Behavioral Health and Developmental Services; comprehensive mental health, substance abuse, and developmental disability crisis services; written plan. Allows the Department of Behavioral Health and Developmental Services, in collaboration with the Department of Criminal Justice Services, to amend the written plan created pursuant to relevant law after the publication of such written plan, provided that (i) the stakeholders listed in relevant law are consulted during the development of any new language to be added to such written plan and (ii) a public comment period of no less than 30 days is held prior to the finalization of such written plan. The bill also provides that the written plan shall serve as the operational framework for relevant components of the comprehensive crisis system and the Marcus alert system and that state agencies and local implementing partners shall align their policies, procedures, and operations on an ongoing basis with the requirements and guidance set forth in the written plan, as amended. As introduced, this bill was a recommendation of the Behavioral Health Commission. This bill is identical to HB 453.
State correctional facilities; visitation policies; work group. Sets additional visitation standards for visitors to state correctional facilities. The bill requires the Department of Corrections (the Department) to provide extended or additional visitation access for long-distance visitors. The bill provides that each in-person visit shall last a minimum of two hours unless shortened at the request of either the visitor or the incarcerated individual, or in response to an active security event. The bill also provides that visitation privileges may be suspended only for conduct occurring during visitation that presents a direct and substantial threat to the physical safety of participants or the security of the correctional facility. The bill provides a timeline and process for appealing any suspension of visitation rights. Finally, the bill directs the Department to convene a work group to consider and develop practical policy and legislative recommendations regarding visitation. The work group is required to report its findings and specific legislative and policy recommendations to the General Assembly by October 1, 2026. This bill is identical to SB 276.
Victims of sex trafficking; minors; immunity to prosecution for prostitution. Provides that no minor shall be subject to arrest or prosecution for a qualifying offense, defined in relevant law, if at the time of the offense leading to such charge, such minor was a victim of sex trafficking, defined in relevant law. The bill also provides that such minor shall be referred to the local department of social services for a human trafficking or other assessment pursuant to relevant law and a law-enforcement officer or the local department of social services may take custody of such minor. Lastly, the bill provides that no law-enforcement officer acting in good faith shall be found liable for false arrest if it is later determined that the minor arrested was immune from prosecution.
