Criminal Justice

Aggravated murder defined; correctional officers; punishment. Adds to the definition of aggravated murder, which is a Class 1 felony, the willful, deliberate, and premeditated killing of a correctional officer, defined in relevant law, when such killing is for the purpose of interfering with the performance of his official duties. The bill also provides that where the offender was 18 years of age or older at the time of the offense, the punishment shall be no less than a mandatory minimum term of confinement for life.

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.

Criminal complaint, warrant, summons, etc.; temporary sealing. Provides that (i) any complaint that accompanies any warrant, summons, or capias issued pursuant to relevant law may be temporarily sealed for a specific period of time by the appropriate court upon application of the attorney for the Commonwealth for good cause shown in an ex parte hearing and (ii) any individual arrested on or served with such warrant, summons, or capias may move the appropriate court for the unsealing of such complaint. The bill states that the burden of proof with respect to continued sealing shall be upon the Commonwealth.

Voluntary manslaughter; penalty. Increases the penalty for voluntary manslaughter from a Class 5 felony, punishable by between one and ten years' imprisonment in a state correctional facility, to an unclassified felony punishable by imprisonment in a state correctional facility for not less than one year nor more than 20 years or, in the discretion of the jury or court trying the case without a jury, by confinement in jail for a period not exceeding 12 months or a fine of not more than $2,500, either or both.

Court fines and fees; indigent defendant; waiver of fees. Provides that in any criminal or traffic case, the court may waive the assessment of certain fees specified in the bill, either wholly or in part, if the court determines the defendant to be indigent pursuant to the financial criteria set forth in relevant law and unable to pay such fee. The bill provides that the court may make such determination sua sponte or upon motion of the defendant at any time prior to the entry of an order for which such fee is assessed or the final order has been entered.

Manufacturing, selling, giving, distributing, or possessing with intent kratom; Virginia Consumer Protection Act; penalties. Provides that any person who knowingly manufactures, sells, gives, distributes, or possesses with the intent to manufacture, sell, give, or distribute kratom, when intended for human consumption, is guilty of a Class 1 misdemeanor. The bill defines kratom as any part of the leaf of the plant Mitragyna speciosa or any extract thereof. The bill also amends the existing provisions related to kratom in the Virginia Consumer Protection Act to prohibit selling or offering for sale (i) any kratom product to a person younger than 21 years of age or (ii) any kratom product intended for human consumption. Under current law, the Act prohibits selling or offering for sale (a) any kratom product to a person younger than 21 years of age or (b) any kratom product that does not include a label listing all ingredients and specific guidance about such product.

Underage consumption or possession of alcoholic beverage or marijuana or marijuana products; consequences; procedures. Reduces the penalties for underage consumption or possession of alcoholic beverages or marijuana or marijuana products to a written warning for a first violation, a written warning and the provision of informational materials about how to access community services for a second violation, and a write-up and an optional referral for accessing community services for a third or subsequent violation. Under current law, underage consumption, purchase, or possession of alcoholic beverages is punishable as a Class 1 misdemeanor with a period of license suspension and an option for a deferred dismissal in certain circumstances. The current penalties for underage consumption or possession of marijuana or marijuana products is a civil penalty of $25 and an order to enter a substance abuse treatment or education program. The bill also provides that such underage persons are not capable of giving lawful consent to a search and that the unconcealed possession of an alcoholic beverage or marijuana or marijuana products shall not constitute probable cause to initiate a search of a person or that person's personal property to determine any further violations of law. The bill specifies that such underage persons shall not be subject to arrest or otherwise detained or taken into custody by a law-enforcement officer and that a law-enforcement officer's body-worn camera system shall be activated during any encounter involving an underage person suspected to be in violation of such provisions. The bill also puts limits on the dissemination and retention of any law-enforcement records related to violations of such provisions.

Constitutional amendment (voter referendum); qualifications of voters; right to vote; persons not entitled to vote. Provides for a referendum at the November 3, 2026, general election to approve or reject an amendment that would provide for the fundamental right to vote in the Commonwealth, revise the qualifications of voters so that a person convicted of a felony is not entitled to vote during his period of incarceration but is automatically invested with the right to vote upon release from incarceration, and update the existing prohibition on voting by persons found to be mentally incompetent to instead apply to persons who have been found to lack the capacity to understand the act of voting. This bill is identical to SB 6.

Constitutional amendment (voter referendum); qualifications of voters; right to vote; persons not entitled to vote. Provides for a referendum at the November 3, 2026, general election to approve or reject an amendment that would provide for the fundamental right to vote in the Commonwealth, revise the qualifications of voters so that a person convicted of a felony is not entitled to vote during his period of incarceration but is automatically invested with the right to vote upon release from incarceration, and update the existing prohibition on voting by persons found to be mentally incompetent to instead apply to persons who have been found to lack the capacity to understand the act of voting. This bill is identical to HB 963.