Criminal Justice

Local, regional, and community correctional facilities; access to counsel for inmates. Requires the State Board of Local and Regional Jails to establish additional standards no later than January 1, 2027, to ensure access to legal counsel for inmates held in any local, regional, or community correctional facility and enumerates the standards that the Board shall include in such additional standards.

HB 223 allows counties and cities to fund public defender positions using local resources. It directly affects local governments and public defender offices by giving them the option to establish or expand these roles through municipal budgets. The bill's key provision is enabling governing bodies (like city councils or county commissions) to allocate funds for public defender staffing without requiring state financial support. The bill passed the House unanimously and is now under review by the Committee for Courts of Justice.

Jurors; exemptions from jury service upon request; competency to perform jury duty. Provides that no person shall be deemed incompetent to serve on any jury on the basis of disability if the person would otherwise be competent to serve if provided with reasonable accommodation. The bill also provides that any person under a disability that substantially impairs the person's ability to perform jury duty shall be exempt from jury duty upon such person's request.

Clerk fees; secure remote access to nonconfidential court records by certain attorneys. Provides that no clerk shall charge a fee to an attorney for secure remote access to nonconfidential court records when such attorney is certified by the Virginia Indigent Defense Commission in the jurisdiction served by such clerk, provided that such attorney is currently appointed to represent a defendant in such jurisdiction and agrees to continue accepting appointments in such jurisdiction. The bill also provides that if, after receiving secure remote access for nonconfidential court records, such attorney (i) is found to have abused such privilege of such secure remote access; (ii) is removed from the Virginia Indigent Defense Commission's court-appointed attorney list; or (iii) ceases to accept appointments for representation from the granting court, the clerk may terminate the agreement granting such secure remote access. As introduced, this bill was a recommendation of the Virginia Indigent Defense Commission. This bill is identical to SB 82.

Crime victim's right to nondisclosure of certain information; hate crimes. Prohibits a law-enforcement agency from disclosing to the public information that directly or indirectly identifies the victim of a hate crime, defined in relevant law, except to the extent that disclosure is (i) of the site of the crime, (ii) required by law, (iii) necessary for law-enforcement purposes, or (iv) permitted by the court for good cause unless such victim, or his next of kin if he is a minor and his death results from any crime, provides written consent. The bill also prohibits, at the request of the victim, the Court of Appeals of Virginia and the Supreme Court of Virginia from listing the first or last name of the victim of a hate crime in an appellate decision.

Credit for time spent in confinement while awaiting trial; extradition or fugitive warrant. Provides that if any person is extradited from another state pursuant to (i) an extradition warrant from the Commonwealth or (ii) a fugitive warrant issued from the state where such person is detained and such person is subsequently sentenced to a term of confinement in a correctional facility in the Commonwealth for an offense from the same act as the violation for which the extradition warrant or fugitive warrant was authorized, such person shall have deducted from any such term all time actually spent in confinement awaiting extradition from such other state, provided that he was solely held on the extradition warrant or fugitive warrant and not on any other offense that he allegedly committed in such other state. This bill is a recommendation of the Virginia Criminal Justice Conference.

Constitutional amendment (second reference); qualifications of voters and the right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction, but upon release from incarceration for that felony conviction and without further action required of him such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.

Constitutional amendment (second reference); qualifications of voters and the right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction, but upon release from incarceration for that felony conviction and without further action required of him such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.

Restorative justice practices. Provides that participation in a restorative justice practice, as defined in the bill, shall not be used as evidence or as an admission of guilt, delinquency, or civil liability in current or subsequent legal proceedings against any participant. The bill also provides that restorative justice communications, defined in the bill, are not admissible in, or subject to discovery for, any legal proceeding, and disclosure of such communications shall not be compelled in any judicial or administrative proceeding, arbitration, or mediation. The bill prohibits any person involved in a restorative justice practice, as defined in the bill, from testifying about any phase of such practice in any judicial or administrative proceeding, arbitration, or mediation except in certain circumstances enumerated in the bill. Lastly, the bill provides civil immunity for any person, who in good faith, discloses any restorative justice communication based on his belief that such disclosure is allowed pursuant to such provisions, provided that such disclosure was limited to solely address any such allowable disclosure.

Evidence of defendant's mental condition admissible. Provides that evidence of the defendant's mental condition at the time of the alleged offense, including lay testimony, may be admitted and considered if such evidence (i) has any tendency to show the defendant did or did not have a mental state that is an element of the offense or an affirmative defense and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill also provides such evidence offered by the defendant that shows he had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible as it has a tendency to show the defendant did not have the required mental state. The current standard requires that such evidence tend to show the defendant did not have the intent required for the offense charged. The bill also provides that notwithstanding any other provision of law or rule of evidence, any statement made by the accused to an expert during an examination to allow such expert to form an opinion on whether or not the accused had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible if such statement is offered by the accused.