2026 Priorities

A smarter approach to criminal justice.

1) Repeal Mandatory Minimum Sentences, HB 863 (Cousins)

  • Similar to a bill that passed the Senate in 2021

  • Repeals most mandatory minimum sentences, including UFA and possession of a firearm, APO, and child sex crimes with life man mins

 2 ) Eliminate the Felony Charge for Possession of Drug Residue, HB 637 (Callsen)

  • Substance use is a public health issue, yet possession of most narcotics, including residue, is a felony offense in Virginia punishable by up to a decade in prison.

  • Drug residue is not itself a substance that can be used or abused.

  • Eliminating the unnecessary felony charge for possession of an unusable trace chemical will lead to a cost savings which will permit the Commonwealth to redirect it to policies that work–namely rebuilding Virginia’s broken behavioral health treatment infrastructure: detoxification facilities, harm reduction initiatives, community and residential drug treatment, and the like.


3 ) End Mass Surveillance 

[Note: There were no bills introduced this year to expand or ban mass surveillance. The deadline for filing new legislation was 1/23/26 at 5 p.m.]

  • Bans Automatic License Plate Readers (ALPRs) 

  • The expansion of ALPRs to Virginia’s highways has been rejected by the General Assembly for three years in a row


4) Ban Fourth Amendment Plea Waivers, SB 23 (Salim)

  • Bans 4A plea waivers on or after July 1, 2026 except in child sex cases

  • Bans expungement and sealing waivers on or after July 1, 2026

  • Passed the General Assembly in 2024, vetoed by Governor Youngkin

5) Protect People with Intellectual and Developmental Disabilities (ID/DD) and Mental Health Disorders, HB 246 (Watts) & SB 335 (Boysko)

  • Allows judge or jury to find person guilty of misdemeanor A&B if the ID/DD, mental health disorder or neurocognitive disorder “contributed to” the A&B on LEO

6) A Deferred Dismissal Should Not Depend on Payment of Costs, HB 331 (McClure)

Reported from House Courts Criminal Subcommittee, 10–0

  • Prohibits judges from finding a person guilty if the person completed all the necessary steps for a deferred dismissal but did not pay court costs

  • Does not eliminate the court costs owed

  • Passed in the General assembly in 2025, vetoed by Governor Youngkin

7) Strengthen the Fourth Amendment, Protect People from Illegal Searches and Seizures


8) Eliminate the Prejudicial Use of Prior Convictions at Trial, HB 1070 (Rasoul)

  • Similar to North Carolina law, would allow defendants to stipulate pretrial to priors that are elements of the offense

  • If stipulated, CW would issue a special indictment for the jury with no mention of the priors

  • If priors are contested, there is no special indictment

 9) Preserve Access to Diversion, HB 245 (Watts)

Reported from House Courts Criminal Subcommittee, 10–0

  • Allows GDC judges to refer felony cases to behavioral health dockets an affirmative defense when a person assaults a LEO “as a result of” their ID/DD, mental health disorder, or neurocognitive disorder

  • Passed Senate unanimously and passed House on bipartisan vote in the General assembly in 2025, vetoed by Governor Youngkin


10) Fix Criminal Discovery, SB 24 (Carroll Foy) & HB 118 (Keys-Gamarra)

HB 118 reported from House Courts Criminal Subcommittee, 9–1

  • Requires prosecutors to provide criminal discovery materials to the defense by electronic means, whenever possible

  • Passed Senate unanimously and House overwhelmingly in the General Assembly in 2025, vetoed by Governor Youngkin

11) Pretrial Reform 

I) Counsel at First Appearance (CAFA), HB 127 (Callsen) & SB 412 (Boysko)

  • Expands CAFA to all Public Defender jurisdictions

  • Subsequent bail motions are still permitted when there’s a material change in circumstances

II) Expand Research Opportunities for Pretrial Data (VLDS), HB 1084 (Hernandez) & SB 480 (Deeds)

HB 1084 reported from House Courts Criminal Subcommittee, 9–0

III) Reform Failure to Appear (FTA), HB 933 (Simon) & SB 283 (Aird)

  • Eliminates felony FTAs

  • Reduces misdemeanor punishment from 12 months to 30 days

  • Defines “willfully failure to appear” as “intentional conduct with a purpose to avoid the judicial process”

  • Requires courts to consider mitigating circumstances when deciding whether a person has willfully failed to appear

  • Applies to both § 19.2-128 and § 18.2-456(6) 

Additional Legislation:

  • Require Appellate Courts to Examine Whether the Evidence at Trial was Sufficient to Convict

  • Reverse Bad SCOVA Expungement Cases, SB 230 (Surovell)

  • Ensure Expungement Eligibility for Deferred Dismissals

  • Align Class 5 & 6 Robbery Offenses with the Rest of the Code, HB 244 (Watts)

    • Reported from House Courts Criminal Subcommittee, 7–3.

  • Allow Defendants to Withdraw Requests for Jury Sentencing and Ask Jurors About Potential Sentences, HB 172 (Mehta)

  • Ensure Confidentiality of Restorative Justice Practices, HB 489 (Hope)

  • Probation Fix–Uphold Reforms for Technical Violations of Probation, HB 1413 (Schmidt)

  • Mental Health Evidence Fix, HB 1411 (Schmidt)

  • Crediting Time Served on Dismissed Cases

  • Alternative (non-police) Crisis Response, HB 225 (Hope) & SB 514 (Deeds); HB 249 (Watts) & SB 602 (Durant); HB 453 (Willett) & SB 513 (Deeds)

  • Secure Access to Electronic Court Records for Court-Appointed Counsel (OCRA), HB 520 (Hernandez) & SB 82 (Salim)

  • Pay Parity for Public Defenders

  • Require Tracking and Disclosure of Jailhouse Snitch Testimony

  • Juvenile Expungement

  • JIRC Reform, HB 441 (Hope)


Other Legislation We Support:

  • Equitable Regulated Marijuana Market, HB 642 (Krizek)

  • Remedy for Extreme Sentencing: Second Look, HB 853 (Cousins); Parole reform, etc.

  • Voting Rights Restoration (Constitutional Amendment), HJ 2 (Bennett-Parker) & SJ 2 (Locke)

  • Allow People Previously Convicted of a Felony or on Bond to be Released on Unsecured Bonds, HB 357 (Callsen)

  • Marijuana Resentencing, HB 26 (Henson) & SB 62 (Lucas)

  • Youth Decrim

  • Ensure Incarcerated People Have Access to Counsel, HB 126 (Callsen)

  • Establish Minimum Age of 11 for Charging Youth with Criminal Offenses in Juvenile & Domestic Relations Court, SB 18 (Locke)

  • End the Use of Restorative Housing (solitary confinement) in Adult and Youth Facilities, HB 35 (Cole)

  • Prohibit the Placement of Youth in Adult Jails and Prisons

  • Move Department of Juvenile Justice (DJJ) to the Health Secretary, SB 21 (Locke)

  • Remove the Cap on Youth Access to Diversion, HB 438 (LaVere Bolling)

  • Reduce Burdensome Fines and Fees