HB244 Robbery.
Introduced by: Vivian E. Watts (Chief Patron) [D[

View the bill here.
Conforms certain provisions of the Code referencing robbery to the degrees of robbery offenses established by Chapter 534 of the Acts of Assembly of 2021, Special Session I. These changes include: (i) limiting to the three higher degrees of robbery certain non-robbery crimes for which committing such crime with the intent to commit a robbery is an element of the offenses, (ii) limiting the types of robbery that are included in the definition of "acts of violence" to the two higher degrees of robbery, (iii) clarifying how robbery offenses will be scored on the sentencing guidelines, (iv) allowing persons convicted of the two lesser degrees of robbery to be eligible for conditional release if they are terminally ill and for enhanced earned sentence credits, (v) allowing persons who are ineligible for parole as a result of being convicted of three of certain enumerated offenses to be eligible for parole if convicted of an offense that would constitute robbery by presenting of firearms, and (vi) limiting the application of the three-strikes law to the two higher degrees of robbery and making persons convicted under the three-strikes law eligible for parole if one of the three convictions resulting in the mandatory life sentence would constitute one of the two lesser degrees of robbery. The bill leaves unchanged the current law making all degrees of robbery predicate criminal acts by adding the two lesser degrees of robbery to the definition of "predicate criminal act" and specifying that the two higher degrees of robbery are included in the definition of "act of violence." The bill requires the changes made to the eligibility for conditional release of terminally ill prisoners and enhanced earned sentence credits to apply retroactively if certain criteria are met.

1/8/2026 House. Referred to Committee for House-Courts of Justice

1/20/2026 House. Assigned H-CJ sub: Criminal

1/23/2026 House -CJ Criminal subcommittee recommends reporting with amendment(s) (7‑Y 3‑N)

1/30/2026 House. Read first time

​

HB246 Mental illness, neurocognitive disorder, etc.; affirmative defense or reduced penalty.
Introduced by: Vivian E. Watts (Chief Patron) [D]

View the bill here.
Affirmative defense or reduced penalty for mental illness, neurocognitive disorder, or intellectual or developmental disability. Provides an affirmative defense to prosecution of a person for assault or assault and battery against certain specified persons for which the enhanced Class 6 felony and six-month mandatory minimum apply if such person proves, by a preponderance of the evidence, that at the time of the assault or assault and battery (i) the person's behaviors were a result of (a) mental illness or (b) a neurocognitive disorder, including dementia, or an intellectual disability or a developmental disability such as autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association, or (ii) the person met the criteria for issuance of an emergency custody order.

The bill requires such person or his counsel to give notice in writing to the attorney for the Commonwealth at least 60 days prior to his trial in circuit court, or at least 14 days if the trial date is set within 21 days of his last court appearance, of his intention to present such evidence. Additionally, if such notice is not given, and the person proffers such evidence at his trial as a defense, then the court may in its discretion either allow the Commonwealth a continuance or, under appropriate circumstances, bar such person from presenting such evidence; any such continuance shall not be counted for speedy trial purposes pursuant to relevant law.

Lastly, the bill provides that if such person does not prove that his behaviors were a result of his mental illness, intellectual disability, developmental disability, or neurocognitive disorder but the evidence establishes that his mental illness, intellectual disability, developmental disability, or neurocognitive disorder otherwise contributed to his behaviors, the finder of fact may find such person guilty of a misdemeanor assault or assault and battery. The bill also provides that such affirmative defense shall not be construed to allow an affirmative defense for voluntary intoxication.

1/8/2026. House. Referred to Committee for House-Courts of Justice

1/27/2026 Fiscal Impact Statement from Department of Planning and Budget (HB246)

1/30/2026 House. Assigned H-CJ sub: Criminal

​

HB853 Petition for modification of a sentence; eligibility; procedures; report.
Introduced by: Rae Cousins (Chief Patron) [D]

View the bill here.
Provides procedures for individuals serving a sentence for certain felony convictions or a combination of such convictions who remain incarcerated in a state or local correctional facility or secure facility and meet certain criteria to petition the circuit court that entered the original judgment or order to (i) suspend the unserved portion of such sentence or run the unserved portion of such sentence concurrently with another sentence, (ii) place such person on probation for such time as the court shall determine, or (iii) otherwise modify the sentence imposed. Depending on the type of conviction, the bill allows the court to grant a hearing on such petition after an individual has served at least 25 years for certain offenses, after 20 years for certain other offenses, and after 15 years for any other felony conviction not specified. The bill directs the Department of Corrections to convene a work group of relevant stakeholders to (a) consider and recommend best practices for implementation of the bill and (b) evaluate and recommend updates to victim notification systems. The work group shall complete its meetings by November 1, 2026, and report its findings and recommendations to the General Assembly no later than December 1, 2026.

1/13/2026 Referred to House-Committee for H-Courts of Justice

1/29/2026 House. Fiscal Impact Statement from Department of Planning and Budget (HB853)

1/30/2026 House. Reported from H-Public Safety committee with substitute (21‑Y 0‑N)

​

HB857 Home/electronic incarceration program.
Introduced by: Rae Cousins (Chief Patron) [D]

View the bill here.
Provides that any court having jurisdiction for the trial of a pregnant person or a postpartum person who still has contact with an infant child and is charged with certain offenses shall assign the offender to a home/electronic incarceration program unless there is probable cause to believe that (i) the offender will not appear for trial or hearing or at such other time and place as may be directed or (ii) the offender's liberty will constitute an unreasonable danger to such person, such person's family or household members, or the public.

1/13/2026 Referred to House -Committee on H-Public Safety

1/23/2026 House. Assigned HMPPS sub: Subcommittee #2

1/29/2026 House. H-PS #2 subcommittee recommends reporting with substitute (7‑Y 0‑N)

1/30/2026 House. Reported from H-Public Safety committee with substitute (21‑Y 0‑N)

​​

HB863 Elimination of mandatory minimum sentences for certain offenses.
Introduced by: Rae Cousins (Chief Patron) [D]

View the bill here.
Elimination of mandatory minimum sentences for certain offenses. Eliminates the mandatory minimum term of confinement for certain crimes.

1/13/2026 Referred to H-Committee for H-Courts of Justice

​

HB1411 Evidence of defendant's mental condition admissible.
Introduced by: Charlie Schmidt (Chief Patron) [D]

View the bill here.
Provides that evidence of the defendant's mental condition at the time of the alleged offense may be admitted and considered even if such evidence is not definitive. The bill also provides that in any criminal case, evidence offered by the defendant concerning the defendant's mental condition at the time of the alleged offense shall be admitted if such evidence tends to show the defendant did not have the mental state required for the offense charged. The current standard requires that such evidence tend to show the defendant did not have the intent required for the offense charged.

1/30/2026 House. Assigned H-CJ sub: Criminal

​

HJ21 Study; Virginia State Crime Commission; model policy framework; justice-involved veterans; report.
Introduced by: Joshua E. Thomas (Chief Patron) [D]

View the bill here.
Study; Virginia State Crime Commission; model policy framework; justice-involved veterans; report. Directs the Virginia State Crime Commission to study and propose recommendations for a model policy framework for the treatment and sentencing of veterans in the criminal justice system.

1/12/2026 Referred to Committee on House-Rules

1/23/2026 House -RUL Studies Subcommittee subcommittee recommends laying on the table (5‑Y 0‑N)

​

SB62 Modification of sentence for marijuana-related offenses.

Introduced by: L. Louise Lucas (Chief Patron) [D]

View bill here.

Creates a process by which persons convicted of certain felony offenses involving the possession, manufacture, selling, giving, distribution, transportation, or delivery of marijuana committed prior to July 1, 2021, who remain incarcerated or on community supervision on July 1, 2026, may receive an automatic hearing to consider modification of such person's sentence. The provisions of this bill sunset on July 1, 2029.

12/15/2025 Referred to Committee for Senate-Courts of Justice committee

1/28/2026 Senate. Fiscal Impact Statement from Department of Planning and Budget (SB62)

​

SB634 Petition for modification of a sentence; eligibility, procedures, report.
Introduced by: R. Creigh Deeds (Chief Patron)

View the bill here.
Provides procedures for individuals serving a sentence for certain felony convictions or a combination of such convictions who remain incarcerated in a state or local correctional facility or secure facility and meet certain criteria to petition the circuit court that entered the original judgment or order to (i) suspend the unserved portion of such sentence or run the unserved portion of such sentence concurrently with another sentence, (ii) place such person on probation for such time as the court shall determine, or (iii) otherwise modify the sentence imposed. Depending on the type of conviction, the bill allows the court to grant a hearing on such petition after an individual has served at least 25 years for certain offenses, after 20 years for certain other offenses, and after 15 years for any other felony conviction not specified. The bill directs the Department of Corrections to convene a work group of relevant stakeholders to (a) consider and recommend best practices for implementation of the bill and (b) evaluate and recommend updates to victim notification systems. The work group shall complete its meetings by November 1, 2026, and report its findings and recommendations to the General Assembly no later than December 1, 2026.

1/14/2026 Referred to Committee for Senate-Courts of Justice

1/30/2026 Senate. Fiscal Impact Statement from Department of Planning and Budget (SB634)