HB26 Marijuana-related offenses; modification of sentence, sunset.
Introduced by: Rozia A. Henson, Jr. (Chief Patron)

View the bill here.
Summary As Passed House
Creates a process by which persons adjudicated delinquent or convicted of certain felony offenses involving, or violations of probation or community supervision related to, the possession, manufacture, selling, giving, distribution, transportation, or delivery of marijuana committed prior to July 1, 2021, who remain incarcerated or on probation or 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.

2/16/2026 House-Courts of Justice committee substitute agreed to

2/17/2026 Read third time and passed House (63‑Y 34‑N 0‑A)

2/18/2026 Referred to Committee for Senate-Courts of Justice

3/02/2026 Reported from S-Courts of Justice committee with substitute and rereferred to Finance and Appropriations (9‑Y 6‑N)

3/09/2026 Reported from S-Finance and Appropriations committee (10‑Y 4‑N)

3/11/2026 Passed Senate with substitute (21‑Y 19‑N 0‑A)

3/11/2026 Reconsideration of Senate passage agreed to by Senate (40‑Y 0‑N 0‑A)

3/12/2026 Senate receded from amendment (21‑Y 19‑N 0‑A)

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

View the bill here.
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.

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.

2/02/2026 House subcommittee recommends reporting and referring to Appropriations (7‑Y 3‑N)

2/11/2026 House. Reported from H-Appropriations committee (14‑Y 8‑N)

2/17/2026 Read third time and passed House (56‑Y 39‑N 0‑A)

2/23/2026 Reported from Senate-Courts of Justice committee with amendments and rereferred to Finance and Appropriations (9‑Y 5‑N)

3/06/2026 Reported from Senate-Finance and Appropriations committee (11‑Y 3‑N)

3/10/2026 Passed Senate with amendments (22‑Y 18‑N 0‑A)

3/11/2026 Senate amendments agreed to by House (59‑Y 39‑N 0‑A)

 

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, 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.

2/06/2026 House. Subcommittee recommends reporting with substitute and referring to Appropriations (7‑Y 3‑N)

2/17/2026 Read third time and passed House (62‑Y 35‑N 0‑A)

2/18/2026 Referred to Committee for Senate-Courts of Justice

3/04/2026Senate-Courts of Justice committee amendment offered

3/04/2026 Reported from S-Courts of Justice committee with amendments and rereferred to Finance and Appropriations (9‑Y 6‑N)

3/09/2026  Reported from S-Finance and Appropriations committee with substitute (10‑Y 4‑N)

3/11/2026 Passed Senate with substitute (21‑Y 19‑N 0‑A)

3/12/2026 Senate insisted on substitute​

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BPASSED THE HOUSE AND SENATE. PENDING THE GOVERNOR'S ACTION.

 

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 their 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. The bill also provides that a pregnant or postpartum person assigned to home/electronic incarceration shall remain eligible for bond.

2/04/2026 Engrossed by House ‑ H-Public Safety committee substitute

2/05/2026 Read third time and passed House (93‑Y 5‑N 0‑A)

2/24/2026 Passed Senate (39‑Y 0‑N 0‑A)​​

2/26/2026 Senate, Signed by President

2/26/2026 House. Signed by Speaker

3/10/2026 Governor's Action Deadline 11:59 p.m., April 13, 2026

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SB62 Marijuana-related offenses; modification of sentence, sunset.

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.

2/04/2026 Reported from S-Courts of Justice committee with amendments and rereferred to Finance and Appropriations

3/04/2026 Passed House with substitute (65‑Y 34‑N 0‑A)

3/04/2026 Reported from Senate Courts of Justice committee with amendments and rereferred to Finance and Appropriations (9‑Y 6‑N)

3/06/2026 House substitute agreed to by Senate (21‑Y 19‑N 0‑A)

3/12/2026 Senate. Signed by President

3/12/2026 House. Signed by Speaker

3/14/2026 Governor's Action Deadline 11:59 p.m., April 13, 2026

SB480 Adults charged with criminal offenses punishable by incarceration; Va. longitudinal Data System.
Introduced by: R. Creigh Deeds (Chief Patron) [D]

View the bill here.
Allows the Virginia Criminal Sentencing Commission to contribute the statewide and locality-level data it collects on adults charged with criminal offenses punishable by incarceration to the Virginia Longitudinal Data System administered by the State Council of Higher Education for Virginia. The bill states that any data provided that contains any personal or case identifying information shall be kept confidential and shall not be subject to the Virginia Freedom of Information Act. This bill is identical to HB 1084.

2/27/2026 Bill text as passed Senate and House 

2/27/2026 2/27/2026 House. Signed by Speaker

3/02/2026 Senate. Signed by President

3/10/2026 Governor's Action Deadline 11:59 p.m., April 13, 2026

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BILLS VOTED TO CONTINUE TO 2027

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)

2/03/2026 Read third time and passed House (64‑Y 34‑N 0‑A)

2/04/2026 Referred to Committee for Senate-Courts of Justice

2/11/2026 House. Fiscal Impact Statement from Department of Planning and Budget (HB244)

3/02/2026 Reported from Senate-Courts of Justice committee with substitute and rereferred to Finance and Appropriations

3/09/2026Senate-Finance and Appropriations committee substitute offered

3/9/2026 Continued to 2027 in S-Finance and Appropriations committee (10‑Y 4‑N)

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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)

2/04/2026 Racial and Ethnic Impact Statement From JLARC (2/4/2026 10:34 am)

2/04/2026 Fiscal Impact Statement from Department of Planning and Budget (HB853)

2/04/2026 Fiscal Impact Statement from Department of Planning and Budget (HB853)

2/09/2026 House. Subcommittee recommends continuing to 2027 (Voice Vote)

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

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

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

2/04/2026 Continued to next session in H-Courts of Justice committee (Voice Vote)

2/05/2026 Fiscal Impact Statement from Department of Planning and Budget (HB863)

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​FAILED BILLS 2026

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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)

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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)

2/04/2026 Senate. Stricken at request of Patron in S-Courts of Justice committee (15‑Y 0‑N)