Files
2026-07-06 17:28:36 -04:00

8.1 KiB
Raw Permalink Blame History

type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags
type title description jurisdiction legislature session identifier citation classification subjects status primary_sponsors version_count action_count vote_count first_action last_action source source_identifier source_url source_hash vintage source_snapshot retrieved_at confidence tags
Bill Delinquency petition; referral to court service unit. Delinquency petition; referral to court service unit. Provides that at any point prior to the commencement of an adjudication hearing on a petition alleging that a child is delinquent, the court, upon request of the child with consent of the attorney for the Commonwealth, if a party to the case, may refer the delinquency charge back to the court service unit in writing and the intake officer shall proceed informally pursuant to relevant law. Additionally, the bill provides that upon such referral, the court shall dismiss the petition and order that the court records pertaining to the petition be expunged pursuant to relevant law. Lastly, the bill allows an intake officer to proceed informally on a complaint alleging a child is in need of services, in need of supervision, or delinquent if the juvenile has previously been proceeded against informally.Current law does not permit proceeding informally when a juvenile (i) commits a violent juvenile felony or (ii) is alleged delinquent for an offense that would be a felony if committed by an adult if such juvenile had previously been (a) proceeded against informally by intake or (b) adjudicated delinquent for a prior offense that would be a felony if committed by an adult. This bill is identical to SB 70. us/states/va Virginia General Assembly 2026 HB 438 Virginia HB 438 (2026)
bill
enacted
Destiny LeVere Bolling
7 39 10 2026-01-12 2026-04-13 openstates ocd-bill/8bf3e0f5-d53f-4af6-a6be-7b9c55783698 https://lis.virginia.gov/bill-details/20261/HB438 7c5f9dfd23ab274b92f7bcbb7fed3a14eabe58d8f00730be6a620ba9d553e6b1 2026-07-01 https://data.openstates.org/daily/2026-07-01/public.pgdump 2026-07-06 reported
legislation
bill
us-va

Virginia HB 438 (2026) — Delinquency petition; referral to court service unit.

Delinquency petition; referral to court service unit. Provides that at any point prior to the commencement of an adjudication hearing on a petition alleging that a child is delinquent, the court, upon request of the child with consent of the attorney for the Commonwealth, if a party to the case, may refer the delinquency charge back to the court service unit in writing and the intake officer shall proceed informally pursuant to relevant law. Additionally, the bill provides that upon such referral, the court shall dismiss the petition and order that the court records pertaining to the petition be expunged pursuant to relevant law. Lastly, the bill allows an intake officer to proceed informally on a complaint alleging a child is in need of services, in need of supervision, or delinquent if the juvenile has previously been proceeded against informally.Current law does not permit proceeding informally when a juvenile (i) commits a violent juvenile felony or (ii) is alleged delinquent for an offense that would be a felony if committed by an adult if such juvenile had previously been (a) proceeded against informally by intake or (b) adjudicated delinquent for a prior offense that would be a felony if committed by an adult. This bill is identical to SB 70.

Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

  1. Introduced (filed) — source
  2. Chaptered (committee substitute) — source
  3. Courts of Justice Amendment (committee substitute) — source
  4. Courts of Justice Substitute (committee substitute) — source
  5. Criminal Subcommittee Substitute (committee substitute) — source
  6. Senate Amendments (committee substitute) — source
  7. Enrolled (enrolled) — source

Votes

  • Reported from Courts of Justice with amendments — 150 (pass) · upper
  • Reported from Courts of Justice with substitute — 157 (pass) · lower
  • Reconsider R — 400 (pass) · upper
  • Subcommittee recommends reporting with substitute — 82 (pass) · lower
  • Passage R — 390 (pass) · upper
  • Passage R — 400 (pass) · upper
  • H VOTE: — 6434 (pass) · lower
  • H VOTE: — 6233 (pass) · lower
  • Reported from Finance and Appropriations — 140 (pass) · upper
  • Constitutional reading dispensed (on 2nd reading) — 370 (pass) · upper

Sponsors

  • Destiny LeVere Bolling — primary (person)
  • Amy J. Laufer — cosponsor (person)

Timeline

The legislative action history — every referral, reading, and vote.

  • 2026-01-12 Prefiled and ordered printed; Offered 01-14-2026 26103735D filing, introduction
  • 2026-01-12 Referred to Committee for Courts of Justice referral-committee
  • 2026-01-29 Fiscal Impact Statement from Department of Planning and Budget (HB438)
  • 2026-02-03 Assigned HCJ sub: Criminal referral-committee
  • 2026-02-06 House subcommittee offered
  • 2026-02-06 Subcommittee recommends reporting with substitute (8-Y 2-N) substitution
  • 2026-02-11 Reported from Courts of Justice with substitute (15-Y 7-N) committee-passage
  • 2026-02-11 Committee substitute printed 26106927D-H1 substitution
  • 2026-02-13 Read first time reading-1
  • 2026-02-16 Read second time reading-2
  • 2026-02-16 committee substitute agreed to substitution
  • 2026-02-16 Engrossed by House - committee substitute substitution
  • 2026-02-17 Read third time and passed House (63-Y 33-N 0-A) passage, reading-3
  • 2026-02-18 Constitutional reading dispensed (on 1st reading)
  • 2026-02-18 Referred to Committee for Courts of Justice referral-committee
  • 2026-02-20 Fiscal Impact Statement from Department of Planning and Budget (HB438)
  • 2026-03-02 Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (15-Y 0-N) committee-passage
  • 2026-03-02 Senate committee offered
  • 2026-03-04 Fiscal Impact Statement from Department of Planning and Budget (HB438)
  • 2026-03-09 Reported from Finance and Appropriations (14-Y 0-N) committee-passage
  • 2026-03-10 Rules suspended
  • 2026-03-10 Constitutional reading dispensed (on 2nd reading) (37-Y 0-N 0-A)
  • 2026-03-10 Passed by for the day (Voice Vote)
  • 2026-03-11 Read third time reading-3
  • 2026-03-11 Courts of Justice Amendment agreed to amendment-passage
  • 2026-03-11 Engrossed by Senate as amended
  • 2026-03-11 Passed Senate with amendments Block Vote (39-Y 0-N 0-A) passage
  • 2026-03-11 Reconsideration of Senate passage agreed to by Senate Block Vote (40-Y 0-N 0-A)
  • 2026-03-11 Passed Senate with amendments Block Vote (40-Y 0-N 0-A) passage
  • 2026-03-12 Senate amendments agreed to by House (64-Y 34-N 0-A) amendment-passage
  • 2026-03-30 Enrolled enrolled
  • 2026-03-30 Bill text as passed House and Senate (HB438ER) passage
  • 2026-03-30 Signed by President passage
  • 2026-03-31 Fiscal Impact Statement from Department of Planning and Budget (HB438)
  • 2026-03-31 Signed by Speaker passage
  • 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 613 (effective 7/1/2026) executive-signature
  • 2026-04-13 Acts of Assembly Chapter text (CHAP0613)

Source

OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/8bf3e0f5-d53f-4af6-a6be-7b9c55783698. Confidence: reported (aggregated from official Virginia legislature records).