New Criminal Justice Reforms Take Effect

Since we were founded by public defenders in 2017, we’ve ended mandatory jury sentencing, placed unprecedented limits on pretextual policing, capped probation terms and jail time for technical violations, and scores of other needed reforms. This month even more reforms become law.

Until July 1, 2025, Virginia was one of eleven remaining states that allowed the indiscriminate shackling of children in court. HB 2222 (Delegate Rae Cousins) and SB 1255 (Delegate Lamont Bagby) prohibits this practice to ensure fairness, due process rights, and our children’s well-being in our courts. 

Until this month, probation officers could arrest someone and put them in jail without informing anyone, leaving people sitting in jail for weeks without anyone knowing they were there! HB 2242 (Delegate Katrina Callsen) requires Virginia Department of Corrections to inform the court when someone is in their custody.

Until this month, prosecutors in Virginia were not required to provide copies of a defendants criminal history to defense counsel. SB 1193 (Senator Creigh Deeds) requires prosecuting attorneys to provide this discovery going forward, a step towards improving fairness and due process.  

Last year Senator Russet Perry championed a bill to increase compensation for court appointed counsel. SB 901 (Senator Russet Perry) and HB 1757 (Delegate Phil Martinez) fix the 2024 bill by capping fees for indigent clients, recognizing that punishing people with excessive fees doesn’t help public safety.

SB 965 (Senator Jennifer Carroll Foy) allows an audio recording of proceedings in a district court—which includes both general district and juvenile and domestic relations district court—to be made by their counsel. Under previous law, such recordings were only allowed in a general district court.

Other notable laws that take effect: HB1955 and SB 888 (FAMMl Foundation) to fix crack/powder sentencing disparities, SB 847 (Senator Jennifer Carroll Foy) making improper driving a lesser offense of reckless, and HB 1643 (Delegate Cliff Hayes) allowing courts to dismiss driving without a license or a suspended or revoked license.