Department of Military Affairs; feasibility of Sexual Offense Prevention and Response Officer; report. Directs the Department of Military Affairs to assess the feasibility of and develop recommendations related to establishing a Sexual Offense Prevention and Response Officer position within the Sexual Offense Prevention and Response Program to perform victim advocacy services. The bill requires the Adjutant General to report to the Governor, the Lieutenant Governor, the Speaker of the House of Delegates, and the Chairs of the House and Senate Committees for Courts of Justice no later than November 1, 2026.
Modification of sentence for marijuana-related offenses. Creates a process by which a person adjudicated delinquent or convicted of certain felony offenses involving, or violations of probation or community supervision related to, the possession, manufacture, selling, giving, distribution, transportation, or delivery of marijuana committed prior to July 1, 2021, who remains incarcerated or on probation or community supervision on July 1, 2026, may receive an automatic hearing to consider modification of such person's sentence. The bill sunsets on July 1, 2029. This bill is identical to SB 62.
Children; adjudication of delinquency. Specifies that "delinquent child" means a child 11 years of age or older who has committed a delinquent act. Currently, there is no minimum age for a child to be adjudicated delinquent. The bill provides that if a child younger than 11 years of age is found to have committed an act that would be delinquent if committed by a child 11 years of age or older, the child shall not be proceeded upon as delinquent and the court shall (i) dismiss any petition alleging such child has committed an act that would be delinquent if committed by a child 11 years of age or older and (ii) order that the court records pertaining to such petition be expunged pursuant to relevant law. The bill allows the attorney for the Commonwealth to file a petition alleging that such child is in need of services and if such child is found to be in need of services, the court may make any orders of disposition authorized under relevant law. The bill also provides that any funding that is available to provide services to a child 11 years of age or older who is proceeded upon as delinquent shall also be made available to a child younger than 11 years of age who is found to have committed an act that would be delinquent if committed by a child 11 years of age or older in order to provide such child with the same services. The bill includes in the definition of "child in need of services" a child younger than 11 years of age who has committed an act that would be delinquent if committed by a child 11 years of age or older.The bill adds that a child may be taken into immediate custody when such child is alleged to be in need of services or supervision and there is a clear and substantial danger to the safety of the child's family or the safety of the public. Currently, a child may be taken into immediate custody when such child is alleged to be in need of services or supervision and there is a clear and substantial danger to the child's life or health. Finally, the bill includes in the offense of causing or encouraging acts rendering children delinquent, abused, etc., any person 18 years of age or older, including the parent of any child, who willfully contributes to, encourages, or causes any act, omission, or condition that (a) causes a child younger than 11 years of age to commit an act that would be delinquent if committed by a child 11 years of age or older or (b) causes any child to participate in or become a member of a criminal street gang in violation of existing law. Under the bill, any person who commits such offense is guilty of a Class 1 misdemeanor.
Plea agreements and court orders; prohibited provisions. Prohibits plea agreements and court orders executed or entered on or after July 1, 2026, from containing any provision that purports to waive, release, or extinguish a defendant's (i) rights under the Fourth Amendment to the Constitution of the United States and Article I, Section 10 of the Constitution of Virginia; (ii) right to file a petition requesting expungement of the police records and the court records; or (iii) right to have criminal history record information and court records sealed. The bill provides that any such prohibited provision of a plea agreement or court order is void and unenforceable as against public policy.The bill provides that such prohibition does not apply to any plea agreements, written agreements, or court orders entered into by a defendant and the Commonwealth in certain cases.The bill further provides that any waiver, release, or extinguishment of rights under the Fourth Amendment permissible by law shall be no longer than the period of supervised probation imposed against the defendant; if the defendant is not placed on supervised probation, it shall be no longer than five years.
Law-enforcement officers; restrictions on wearing of facial coverings; exceptions; penalty. Prohibits any law-enforcement officer, defined in the bill, from wearing a facial covering, defined in the bill, while engaged in the performance of his official duties. The bill sets out several exceptions to such prohibition, including protective facial coverings to protect against disease, infection, and exposure to toxic substances and facial coverings worn by any law-enforcement officer assigned to a special weapons and tactics team while engaged in the performance of his official duties with such team. The bill subjects the law-enforcement officer to disciplinary action, including dismissal, demotion, suspension, transfer, or decertification, and creates a Class 1 misdemeanor for any law-enforcement officer who wears a facial covering in violation of the provisions of the bill unless the law-enforcement agency that employs such law-enforcement officer has adopted and established a written policy for and restrictions on the use of facial coverings. The bill also directs the Department of Criminal Justice Services to develop a model policy for and restrictions on the use of facial coverings by law-enforcement officers. This bill is identical to SB 352.
Voter registration; restoration of political rights upon release from incarceration; certain adjudications. Provides that any person who loses his political rights as a result of a felony conviction shall be invested with those rights upon his release from incarceration and shall be entitled to register to vote. The bill directs the Department of Corrections and the State Board of Local and Regional Jails to transmit to the Department of Elections certain information for incarcerated persons with a pending date of release and requires the Department of Elections to process the information and make the necessary changes to the voter registration system to permit such persons to register to vote by the date of the person's scheduled date of release. On the date of an incarcerated person's release, the appropriate authority is required by the bill to provide a voter registration application, information on returning the form by mail or completing it by electronic means, and an official release document to serve as a safety net for voter registration. The bill also amends the language regarding adjudications of mental incompetency for purposes of being qualified to vote; a person adjudicated to lack the capacity to understand the act of voting shall not be entitled to vote until that capacity has been reestablished. The bill has a delayed effective date of January 1, 2027, contingent upon the approval of the constitutional amendments at the November 3, 2026, general election. This bill is identical to HB 964.
Voter registration; restoration of political rights upon release from incarceration; certain adjudications. Provides that any person who loses his political rights as a result of a felony conviction shall be invested with those rights upon his release from incarceration and shall be entitled to register to vote. The bill directs the Department of Corrections and the State Board of Local and Regional Jails to transmit to the Department of Elections certain information for incarcerated persons with a pending date of release and requires the Department of Elections to process the information and make the necessary changes to the voter registration system to permit such persons to register to vote by the date of the person's scheduled date of release. On the date of an incarcerated person's release, the appropriate authority is required by the bill to provide a voter registration application, information on returning the form by mail or completing it by electronic means, and an official release document to serve as a safety net for voter registration. The bill also amends the language regarding adjudications of mental incompetency for purposes of being qualified to vote; a person adjudicated to lack the capacity to understand the act of voting shall not be entitled to vote until that capacity has been reestablished. The bill has a delayed effective date of January 1, 2027, contingent upon the approval of the constitutional amendments at the November 3, 2026, general election. This bill is identical to SB 162.
Powers and duties for operation of local and regional correctional facilities and courthouse security; attorney access to courthouses and communication and visitation with incarcerated clients; penalty. Provides that if a sheriff allows courthouse employees or law-enforcement officers to bypass any security screening required to enter a courthouse, such sheriff shall also exempt from the security screening any attorney who displays a valid Virginia State Bar-issued bar card and a government-issued identification. The bill creates a Class 1 misdemeanor for any attorney who has had his license to practice law in the Commonwealth suspended or revoked and who displays a Virginia State Bar-issued bar card in an effort to be exempt from the security screening. The bill also requires any telephonic, electronic, or web-based communication system for prisoners that is offered by a sheriff or jail superintendent who operates a local or regional correctional facility to include a confidential means for a prisoner to communicate with his attorney at regular and reasonable times.
Storage of firearms in a residence where a minor or person prohibited from possessing a firearm is present; penalty. Provides that any person who possesses a firearm in a residence where such person knows that a minor or a person who is prohibited by law from possessing a firearm is present shall store such firearm and the ammunition for such firearm in a locked container, compartment, or cabinet that is inaccessible to such minor or prohibited person. Under the bill, any person who violates this provision is guilty of a Class 4 misdemeanor. The bill also requires any dealer, as that term is defined in current law, to post a written notice informing the public of the penalty imposed for failure to comply with the bill's provisions.
Virginia Parole Board; powers and duties; juvenile offenders; parole procedures and considerations. Increases the members of the Virginia Parole Board (the Board) from up to five to at least 11 members, five of whom shall be appointed by the Governor within 60 days of inauguration, three of whom shall be appointed by the Speaker of the House of Delegates within 60 days of a new House being sworn in during a Senate election year, and three of whom shall be appointed by the Chair of the Senate Committee on Rules within 60 days of a new Senate being sworn in after an election, and all of whom shall be subject to confirmation by the General Assembly, if in session when such appointment is made, and if not in session, then at its next succeeding session. The bill specifies that all members of the Board shall have significant professional experience working in criminal law, corrections, reentry and community services, or victim services and that the Board members appointed by the Governor shall include (i) an attorney with significant experience in criminal prosecution; (ii) an attorney with significant experience in criminal defense; (iii) a qualified mental health professional with relevant background in adolescent development, trauma responses, psychology, and decision-making; and (iv) a representative of a crime victims organization or a victim of crime. These provisions of the bill have a delayed effective date of July 1, 2028.The bill also requires the Board to provide a meaningful opportunity for release to certain juvenile offenders eligible for parole and specifies various factors the Board shall give substantial weight to when making a determination on whether to grant parole to such juvenile offender. The bill allows a juvenile offender to request for reconsideration or appeal of a decision by the Board not to grant parole based on (a) the Board's failure to give substantial weight to such juvenile offender's age and its related mitigating circumstances as required by the bill or (b) the Board's overreliance on static factors such as the nature and circumstances of the offense and failure to ground its decision in evidence of maturity, rehabilitation, and a lack of present danger to public safety. The bill requires the Board to provide individualized reasons for the grant or denial of parole upon reconsideration or appeal.The bill also requires that if parole is denied for any such juvenile offender, each Board member shall identify his reasoning for such decision at the time such member's vote is cast, including any youth-related factor and evidence of maturity and rehabilitation that was considered. The bill requires that the Board provide to such prisoner for whom parole is denied recommendations to demonstrate commitment to rehabilitation and at the next hearing, the Board is required to consider whether the prisoner has followed such recommendations. The bill also requires the Board to annually review the cases of such juvenile offenders eligible for parole. This bill is identical to SB 60.
