Criminal Justice

Court Date Reminder Program established. Establishes a Court Date Reminder Program, to be developed or procured by the Executive Secretary of the Supreme Court of Virginia, for the purpose of reminding criminal defendants to appear at each of their scheduled court appearances. The bill directs the Program to send a text message notification to any defendant with a criminal case in general district court or circuit court for whom the court has a telephone number prior to any scheduled hearing that requires his appearance and allows a defendant to opt out of participating in the Program. The Program has a delayed effective date of July 1, 2027.The bill also directs the Executive Secretary of the Supreme Court to convene a Court Date Reminder Program work group to advise on the implementation and expansion of the Program and submit a report of its findings and recommendations to the Supreme Court of Virginia and the Chairs of the House and Senate Committees for Courts of Justice by December 1, 2026.

Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions; retaining counsel. Provides that the speedy trial statute is tolled for the accused to retain private counsel or have counsel appointed to him pursuant to relevant law. The bill requires the court to conduct, not more than 30 days apart, reviews of the accused's attorney status and provides that such tolling shall end when the accused has either retained counsel or had counsel appointed to him and such counsel has entered an appearance in the case or the accused executes a valid waiver of counsel. Lastly, the bill provides that such provisions shall not be construed as ending the tolling of speedy trial for any other reason pursuant to relevant law.

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.

Domestic and Sexual Assault Conviction Database. Requires the Superintendent of State Police to establish a Domestic and Sexual Assault Conviction Database that will include information about persons who were convicted of certain offenses against a family or household member, as defined in relevant law, or an intimate partner, defined in the bill. The bill specifies that the Database will be available to the public on the Department of State Police's website. The bill provides that any person whose information is on the Database may petition for removal of such information from the Database if certain requirements are met and that the State Police shall include such petition information on the Database website. Under the bill, the Superintendent of State Police is required to complete the Database by July 1, 2027.

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.

Human trafficking digital identification and reporting platforms; duties of Human Trafficking Response Coordinator; quarterly reports. Creates a process for the use of digital identification and reporting platforms, defined in the bill, to report suspected instances of human trafficking. The bill requires the Human Trafficking Response Coordinator to certify such platforms and requires the administering organization, defined in the bill, of such platform to submit quarterly performance reports to the Coordinator and the General Assembly on certain data. The bill expands the use of funds from the existing Virginia Prevention of Sex Trafficking Fund to be utilized for such programs. Lastly, the bill states that the provisions of the bill are subject to the availability of funds appropriated for such purposes.

Competency treatment in misdemeanor proceedings. Provides that in cases where the defendant has been charged with a misdemeanor offense, the court may (i) order outpatient treatment or (ii) dismiss the charges. Where a defendant is found to be incompetent, the bill permits a court to (a) order that such defendant receive treatment to restore his competency on an outpatient basis in a local correctional facility or at a location determined by the appropriate community services board or behavioral health authority, (b) order that such defendant be evaluated to determine whether he meets the criteria for temporary detention, or (c) dismiss the misdemeanor charge and release such defendant. The bill also requires a court to dismiss misdemeanor charges in a competency proceeding when a defendant is charged with both misdemeanor and felony offenses.

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.