Fabio
129 lines
10 KiB
Markdown
129 lines
10 KiB
Markdown
---
|
||
type: "Bill"
|
||
title: "Discovery materials or evidence; accused may request to copy or photograph any materials."
|
||
description: "Discovery; methods of delivery. Requires the Commonwealth, upon request by the accused or his counsel, to copy or photograph any discovery materials or evidence the accused is permitted to inspect and review, including relevant police reports, criminal records, dashboard camera footage, and body-worn camera footage, and requires the Commonwealth to provide copies to the accused or his counsel, subject to the redaction, restricted dissemination, and protective order provisions of the relevant Rules of the Supreme Court of Virginia and unless such material is prohibited from being distributed by law.The bill requires the attorney for the Commonwealth in any district court to provide to counsel of record for the accused, if requested, a copy of any relevant police report at least 10 days prior to the date the case is set for trial or preliminary hearing, and such report is subject to limitations on dissemination. The bill further provides that if such materials are provided to counsel of record for the accused in district court for a preliminary hearing, the circuit court shall order such counsel to provide discovery to the attorney for the Commonwealth subject to the relevant Rules of the Supreme Court of Virginia prior to trial in circuit court. Lastly, the bill provides that if at any time during the course of the proceedings it is brought to the attention of the court that the attorney for the Commonwealth has failed to comply with such provisions, the court may order the Commonwealth to permit discovery or inspection, grant a continuance, or prohibit the Commonwealth from introducing evidence not disclosed, or the court may enter such other order as it deems just under the circumstances."
|
||
jurisdiction: "us/states/va"
|
||
legislature: "Virginia General Assembly"
|
||
session: "2026"
|
||
identifier: "HB 118"
|
||
citation: "Virginia HB 118 (2026)"
|
||
classification: ["bill"]
|
||
subjects: []
|
||
status: "enacted"
|
||
primary_sponsors: ["Karen Keys-Gamarra"]
|
||
version_count: 7
|
||
action_count: 47
|
||
vote_count: 11
|
||
first_action: "2026-01-02"
|
||
last_action: "2026-04-13"
|
||
source: "openstates"
|
||
source_identifier: "ocd-bill/0864d6f9-96d8-43e3-9b2d-f36c91c91556"
|
||
source_url: "https://lis.virginia.gov/bill-details/20261/HB118"
|
||
source_hash: "85bfedbd6398b275c3df935c7050aa4bd8190de6cc79a8a6670b700736dabe2a"
|
||
vintage: "2026-07-01"
|
||
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
|
||
retrieved_at: "2026-07-06"
|
||
confidence: "reported"
|
||
tags: ["legislation", "bill", "us-va"]
|
||
---
|
||
|
||
# Virginia HB 118 (2026) — Discovery materials or evidence; accused may request to copy or photograph any materials.
|
||
|
||
Discovery; methods of delivery. Requires the Commonwealth, upon request by the accused or his counsel, to copy or photograph any discovery materials or evidence the accused is permitted to inspect and review, including relevant police reports, criminal records, dashboard camera footage, and body-worn camera footage, and requires the Commonwealth to provide copies to the accused or his counsel, subject to the redaction, restricted dissemination, and protective order provisions of the relevant Rules of the Supreme Court of Virginia and unless such material is prohibited from being distributed by law.The bill requires the attorney for the Commonwealth in any district court to provide to counsel of record for the accused, if requested, a copy of any relevant police report at least 10 days prior to the date the case is set for trial or preliminary hearing, and such report is subject to limitations on dissemination. The bill further provides that if such materials are provided to counsel of record for the accused in district court for a preliminary hearing, the circuit court shall order such counsel to provide discovery to the attorney for the Commonwealth subject to the relevant Rules of the Supreme Court of Virginia prior to trial in circuit court. Lastly, the bill provides that if at any time during the course of the proceedings it is brought to the attention of the court that the attorney for the Commonwealth has failed to comply with such provisions, the court may order the Commonwealth to permit discovery or inspection, grant a continuance, or prohibit the Commonwealth from introducing evidence not disclosed, or the court may enter such other order as it deems just under the circumstances.
|
||
|
||
## Version chain
|
||
|
||
The bill's text revisions, in order — the diff chain from filing to enrollment.
|
||
|
||
1. **Introduced** (filed) — [source](https://lis.blob.core.windows.net/files/1082475.PDF)
|
||
2. **Chaptered** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1218646.PDF)
|
||
3. **Conference Report** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1206665.HTML)
|
||
4. **Courts of Justice Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1101099.PDF)
|
||
5. **Criminal Subcommittee Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1096260.PDF)
|
||
6. **Finance and Appropriations Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1181251.PDF)
|
||
7. **Enrolled** (enrolled) — [source](https://lis.blob.core.windows.net/files/1213702.PDF)
|
||
|
||
## Votes
|
||
|
||
- Reported from Finance and Appropriations with substitute — **15–0** (pass) · upper
|
||
- H VOTE: — **96–2** (pass) · lower
|
||
- Constitutional reading dispensed (on 2nd reading) — **40–0** (pass) · upper
|
||
- Reported from Courts of Justice with substitute — **20–0** (pass) · lower
|
||
- Reported from Courts of Justice — **14–0** (pass) · upper
|
||
- Insist & Request R — **39–0** (pass) · upper
|
||
- H VOTE: — **4–94** (fail) · lower
|
||
- H VOTE: — **81–14** (pass) · lower
|
||
- Passage R — **37–0** (pass) · upper
|
||
- Adopt Conference Committee Report R — **39–0** (pass) · upper
|
||
- Subcommittee recommends reporting with substitute — **9–1** (pass) · lower
|
||
|
||
## Sponsors
|
||
|
||
- Karen Keys-Gamarra — primary (person)
|
||
- Bonita G. Anthony — cosponsor (person)
|
||
- Destiny LeVere Bolling — cosponsor (person)
|
||
- Elizabeth R. Guzman — cosponsor (person)
|
||
- Karen R. "Kacey" Carnegie — cosponsor (person)
|
||
- Marty Martinez — cosponsor (person)
|
||
- Paul E. Krizek — cosponsor (person)
|
||
- Rodney T. Willett — cosponsor (person)
|
||
- Rozia A. Henson, Jr. — cosponsor (person)
|
||
- Sam Rasoul — cosponsor (person)
|
||
|
||
## Timeline
|
||
|
||
The legislative action history — every referral, reading, and vote.
|
||
|
||
- **2026-01-02** Prefiled and ordered printed; Offered 01-14-2026 26101890D `filing, introduction`
|
||
- **2026-01-02** Referred to Committee for Courts of Justice `referral-committee`
|
||
- **2026-01-22** Assigned HCJ sub: Criminal `referral-committee`
|
||
- **2026-01-23** House subcommittee offered
|
||
- **2026-01-23** Subcommittee recommends reporting with substitute (9-Y 1-N) `substitution`
|
||
- **2026-01-28** Reported from Courts of Justice with substitute (20-Y 0-N) `committee-passage`
|
||
- **2026-01-29** Committee substitute printed 26105982D-H1 `substitution`
|
||
- **2026-01-30** Read first time `reading-1`
|
||
- **2026-02-02** Read second time `reading-2`
|
||
- **2026-02-02** committee substitute agreed to `substitution`
|
||
- **2026-02-02** Engrossed by House - committee substitute `substitution`
|
||
- **2026-02-02** Moved from Uncontested Calendar to Regular Calendar
|
||
- **2026-02-03** Read third time and passed House (96-Y 2-N 0-A) `passage, reading-3`
|
||
- **2026-02-04** Constitutional reading dispensed (on 1st reading)
|
||
- **2026-02-04** Referred to Committee for Courts of Justice `referral-committee`
|
||
- **2026-02-06** Fiscal Impact Statement from Department of Planning and Budget (HB118)
|
||
- **2026-02-23** Reported from Courts of Justice and rereferred to Finance and Appropriations (14-Y 0-N) `committee-passage`
|
||
- **2026-02-25** Reported from Finance and Appropriations with substitute (15-Y 0-N) `committee-passage`
|
||
- **2026-02-25** Committee substitute printed 26108652D-S1 `substitution`
|
||
- **2026-02-26** Rules suspended
|
||
- **2026-02-26** Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
|
||
- **2026-02-26** Passed by for the day Block Vote (Voice Vote)
|
||
- **2026-02-27** Read third time `reading-3`
|
||
- **2026-02-27** Finance and Appropriations Substitute agreed to
|
||
- **2026-02-27** Engrossed by Senate - committee substitute `substitution`
|
||
- **2026-02-27** Passed Senate with substitute Block Vote (37-Y 0-N 0-A) `passage`
|
||
- **2026-03-03** Senate substitute rejected by House (4-Y 94-N 0-A)
|
||
- **2026-03-05** Senate insisted on substitute (39-Y 0-N 0-A) `substitution`
|
||
- **2026-03-05** Senate requested conference committee `referral-committee`
|
||
- **2026-03-06** House acceded to request
|
||
- **2026-03-09** Conferees appointed by Senate
|
||
- **2026-03-09** Senate Conferees: Carroll Foy, Perry, McDougle
|
||
- **2026-03-10** Conferees appointed by House
|
||
- **2026-03-10** House Conferees: Keys-Gamarra, Carnegie, Griffin
|
||
- **2026-03-11** Conference Report released
|
||
- **2026-03-12** Conference report agreed to by House (81-Y 14-N 0-A) `committee-passage-favorable`
|
||
- **2026-03-13** Conference Report released
|
||
- **2026-03-13** Conference report agreed to by Senate (39-Y 0-N 0-A) `committee-passage-favorable`
|
||
- **2026-03-30** Enrolled `enrolled`
|
||
- **2026-03-30** Bill text as passed House and Senate (HB118ER) `passage`
|
||
- **2026-03-30** Signed by President `passage`
|
||
- **2026-03-31** Signed by Speaker `passage`
|
||
- **2026-03-31** Fiscal Impact Statement from Department of Planning and Budget (HB118)
|
||
- **2026-03-31** Enrolled Bill communicated to Governor on March 31, 2026 `enrolled, executive-receipt`
|
||
- **2026-03-31** Governor's Action Deadline 11:59 p.m., April 13, 2026 `executive-receipt`
|
||
- **2026-04-13** Approved by Governor-Chapter 562 (effective 7/1/2026) `executive-signature`
|
||
- **2026-04-13** Acts of Assembly Chapter text (CHAP0562)
|
||
|
||
## Source
|
||
|
||
OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/0864d6f9-96d8-43e3-9b2d-f36c91c91556`. Confidence: reported (aggregated from official Virginia legislature records).
|
||
|