2026 Priorities
A smarter approach to criminal justice.
1) Repeal Mandatory Minimum Sentences, HB 863 (Cousins)
HB 863 is no longer under consideration in the 2026 session.
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)
Reported from Courts Criminal Subcommittee, 8–2; reported from Courts, 16–6
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)
Reported from Courts, 9–6; passed Senate, 21–19
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)
HB 246 reported from Courts Criminal Subcommittee, 7–3; reported from Courts, 14–8 and referred to Appropriations; reported from Appropriations Transportation & Public Safety Subcommittee, 4–3; reported from Appropriations, 14–8
SB 335 reported from Courts, 10–5; passed Senate, 26–14
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 Courts Criminal Subcommittee, 10–0; reported from Courts, 17–3; passed House, 65–32
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)
Reported from Courts Criminal Subcommittee, 7–3; reported from Courts, 15–7
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 Courts Criminal Subcommittee, 10–0; reported from Courts 18–1; passed House, 76–19
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 Courts Criminal Subcommittee, 9–1; reported from Courts 20–0; passed House, 96–2
SB 24 reported from Courts, 15–0, and referred to Finance; reported from Finance, 15–0; passed Senate, 38–0
Requires prosecutors to provide copies of criminal discovery materials to the defense
House bill requires the Commonwealth to provide police reports in district court at least 10 days before preliminary hearing or trial
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)
HB 127 reported from Courts Criminal Subcommittee, 9–1; reported from Courts, 22–0, and referred to Appropriations; reported from Appropriations General Government and Capital Outlay Subcommittee, 7–0; reported from Appropriations, 21–1; passed House, 84–10
SB 412 reported from Courts, 12–3, and referred to Finance; continued to 2027 by Finance. SB 412 is no longer under consideration in the 2026 session.
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 Courts Criminal Subcommittee, 9–0; reported from Courts 18–0; passed House, 98–0
SB 480 reported from Courts, 15–0; passed Senate, 40–0
III) Reform Failure to Appear (FTA), HB 933 (Simon) & SB 283 (Aird)
HB 933 reported from Courts Criminal Subcommittee, 7–2; reported from Courts, 15–7; passed House, 62–35
SB 283 reported from Courts, 9–6 (the amended bill does not eliminate felony FTAs or reduce the misdemeanor punishment, but does change the definition of willfully failure to appear)
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)
Reported from Courts, 11–4, and referred to Finance; reported from Finance, 15–0
Ensure Expungement Eligibility for Deferred Dismissals
Align Class 5 & 6 Robbery Offenses with the Rest of the Code, HB 244 (Watts)
Reported from Courts Criminal Subcommittee, 7–3; reported from Courts 14–6; passed House, 64–34
Allow Defendants to Withdraw Requests for Jury Sentencing and Ask Jurors About Potential Sentences, HB 172 (Mehta)
Reported from Courts Criminal Subcommittee, 6–3; reported from Courts, 15–7; passed House, 63–34
Ensure Confidentiality of Restorative Justice Practices, HB 489 (Hope)
Reported from Courts Criminal Subcommittee, 7–3; reported from Courts, 15–6
Probation Fix–Uphold Reforms for Technical Violations of Probation, HB 1413 (Schmidt)
Reported from Courts Criminal Subcommittee, 7–3; reported from House Courts, 15–6
Mental Health Evidence Fix, HB 1411 (Schmidt)
Reported from Courts Criminal Subcommittee, 7–3; reported from Courts, 15–7, and referred to Appropriations; reported from Appropriations General Government & Capital Outlay Subcommittee, 5–1; reported from Appropriations, 15–7
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)
HB 225 reported from Health & Human Services Behavioral Health Subcommittee, 7–1; reported from Health & Human Services, 22–0; passed House, 98–0
SB 514 reported from Rehab & Social Services, 15–0; passed Senate, 40–0
HB 249 reported from Public Safety Subcommittee #2, 6–1; reported from Public Safety, 20–2; Passed House, 93–5
SB 602 reported from Courts, 15–0
HB 453 reported from Health & Human Services Behavioral Health Subcommittee, 8–0; reported from Health & Human Services, 22–0; passed House, 99–0
SB 513 reported from Rehab & Social Services, 15–0; passed Senate, 40–0
Secure Access to Electronic Court Records for Court-Appointed Counsel (OCRA), HB 520 (Hernandez) & SB 82 (Salim)
HB 520 reported from Courts Criminal Subcommittee, 10–0; reported from Courts, 22–0; passed House, 98–0
SB 82 reported from Courts 10–5; reported from Finance, 10–4; passed Senate, 28–12
Pay Parity for Public Defenders
Require Tracking and Disclosure of Jailhouse Snitch Testimony
Juvenile Expungement
JIRC Reform, HB 441 (Hope)
Reported from Courts Criminal Subcommittee, 10–0; reported from Courts, 22–0
Other Legislation We Support:
Equitable Regulated Marijuana Market, HB 642 (Krizek); SB 542 & SB 543 (Aird)
HB 642 reported from General Laws Subcommittee #5, 7–0; Reported from General Laws, 19–2 and referred to Appropriations Transportation & Public Safety Subcommittee; reported from Appropriations Transportation & Public Safety Subcommittee, 5–2; reported from Appropriations, 16–6
SB 542 reported from Rehab & Social Services, 8–7, and was referred to Courts; reported from Courts, 9–6, and was referred to Finance; reported from Finance, 7–5–3
SB 543 reported from Rehab & Social Services, 15–0, and was referred to Finance; reported from Finance, 13–1–1
Remedy for Extreme Sentencing: Second Look, HB 853 (Cousins); Parole reform, etc.
HB 853 is no longer under consideration in the 2026 session.
Voting Rights Restoration (Constitutional Amendment), HJ 2 (Bennett-Parker) & SJ 2 (Locke)
HJ 2 passed the House, 65–33 and passed the Senate, 21–18; Referendum will be held November 3
SJ 2 passed the Senate, 21–18 and passed the House, 60–34
Allow People Previously Convicted of a Felony or on Bond to be Released on Unsecured Bonds, HB 357 (Callsen)
Reported from Courts Criminal Subcommittee, 8–1; reported from Courts, 15–7; Passed House, 62–35
Marijuana Resentencing, HB 26 (Henson) & SB 62 (Lucas)
HB 26 reported from Courts Criminal Subcommittee, 8–2; reported from Courts, 14–6 and referred to Appropriations; reported from Appropriations General Government & Capital Outlay Subcommittee, 3–1; reported from Appropriations, 16–6
SB 62 reported from Courts, 12–3, and referred to Finance; reported from Finance, 10-4-1
Youth Decrim of Marijuana, HB 1432 (Mehta)
Reported from Courts Criminal Subcommittee, 7–3; reported from Courts, 13–9
Ensure Incarcerated People Have Access to Counsel, HB 126 (Callsen)
Reported from Public Safety Subcommittee #2, 7–0; Reported from Public Safety, 17–4; Passed House, 89–8
Establish Minimum Age of 11 for Charging Youth with Criminal Offenses in Juvenile & Domestic Relations Court, SB 18 (Locke)
Reported from Courts, 14–1; Passed Senate, 29–11
End the Use of Restorative Housing (solitary confinement) in Adult and Youth Facilities, HB 35 (Cole)
Reported from Public Safety Subcommittee #2, 5–2; Reported from Public Safety, 15–7 and referred to Appropriations; Reported from Appropriations Transportation & Public Safety Subcommittee, 5–2; reported from Appropriations, 15–7; passed House, 66–31
Prohibit the Placement of Youth in Adult Jails and Prisons
Move Department of Juvenile Justice (DJJ) to the Health Secretary, SB 21 (Locke)
Reported from Rehab & Social Services, 9–6, and referred to Finance; reported from Finance, 11–4
Remove the Cap on Youth Access to Diversion, HB 438 (LaVere Bolling)
Reported from Courts Criminal Subcommittee, 8–2; reported from Courts, 15–7
Reduce Burdensome Fines and Fees