Fabio
112 lines
8.1 KiB
Markdown
112 lines
8.1 KiB
Markdown
---
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type: "Bill"
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title: "Delinquency petition; referral to court service unit."
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description: "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."
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jurisdiction: "us/states/va"
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legislature: "Virginia General Assembly"
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session: "2026"
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identifier: "HB 438"
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citation: "Virginia HB 438 (2026)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: ["Destiny LeVere Bolling"]
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version_count: 7
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action_count: 39
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vote_count: 10
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first_action: "2026-01-12"
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last_action: "2026-04-13"
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source: "openstates"
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source_identifier: "ocd-bill/8bf3e0f5-d53f-4af6-a6be-7b9c55783698"
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source_url: "https://lis.virginia.gov/bill-details/20261/HB438"
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source_hash: "7c5f9dfd23ab274b92f7bcbb7fed3a14eabe58d8f00730be6a620ba9d553e6b1"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-va"]
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---
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# Virginia HB 438 (2026) — Delinquency petition; referral to court service unit.
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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.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Introduced** (filed) — [source](https://lis.blob.core.windows.net/files/1084434.PDF)
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2. **Chaptered** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1218901.PDF)
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3. **Courts of Justice Amendment** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1190921.HTML)
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4. **Courts of Justice Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1142330.PDF)
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5. **Criminal Subcommittee Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1133809.PDF)
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6. **Senate Amendments** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1205947.HTML)
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7. **Enrolled** (enrolled) — [source](https://lis.blob.core.windows.net/files/1213484.PDF)
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## Votes
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- Reported from Courts of Justice with amendments — **15–0** (pass) · upper
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- Reported from Courts of Justice with substitute — **15–7** (pass) · lower
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- Reconsider R — **40–0** (pass) · upper
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- Subcommittee recommends reporting with substitute — **8–2** (pass) · lower
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- Passage R — **39–0** (pass) · upper
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- Passage R — **40–0** (pass) · upper
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- H VOTE: — **64–34** (pass) · lower
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- H VOTE: — **62–33** (pass) · lower
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- Reported from Finance and Appropriations — **14–0** (pass) · upper
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- Constitutional reading dispensed (on 2nd reading) — **37–0** (pass) · upper
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## Sponsors
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- Destiny LeVere Bolling — primary (person)
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- Amy J. Laufer — cosponsor (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2026-01-12** Prefiled and ordered printed; Offered 01-14-2026 26103735D `filing, introduction`
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- **2026-01-12** Referred to Committee for Courts of Justice `referral-committee`
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- **2026-01-29** Fiscal Impact Statement from Department of Planning and Budget (HB438)
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- **2026-02-03** Assigned HCJ sub: Criminal `referral-committee`
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- **2026-02-06** House subcommittee offered
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- **2026-02-06** Subcommittee recommends reporting with substitute (8-Y 2-N) `substitution`
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- **2026-02-11** Reported from Courts of Justice with substitute (15-Y 7-N) `committee-passage`
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- **2026-02-11** Committee substitute printed 26106927D-H1 `substitution`
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- **2026-02-13** Read first time `reading-1`
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- **2026-02-16** Read second time `reading-2`
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- **2026-02-16** committee substitute agreed to `substitution`
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- **2026-02-16** Engrossed by House - committee substitute `substitution`
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- **2026-02-17** Read third time and passed House (63-Y 33-N 0-A) `passage, reading-3`
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- **2026-02-18** Constitutional reading dispensed (on 1st reading)
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- **2026-02-18** Referred to Committee for Courts of Justice `referral-committee`
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- **2026-02-20** Fiscal Impact Statement from Department of Planning and Budget (HB438)
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- **2026-03-02** Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (15-Y 0-N) `committee-passage`
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- **2026-03-02** Senate committee offered
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- **2026-03-04** Fiscal Impact Statement from Department of Planning and Budget (HB438)
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- **2026-03-09** Reported from Finance and Appropriations (14-Y 0-N) `committee-passage`
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- **2026-03-10** Rules suspended
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- **2026-03-10** Constitutional reading dispensed (on 2nd reading) (37-Y 0-N 0-A)
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- **2026-03-10** Passed by for the day (Voice Vote)
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- **2026-03-11** Read third time `reading-3`
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- **2026-03-11** Courts of Justice Amendment agreed to `amendment-passage`
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- **2026-03-11** Engrossed by Senate as amended
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- **2026-03-11** Passed Senate with amendments Block Vote (39-Y 0-N 0-A) `passage`
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- **2026-03-11** Reconsideration of Senate passage agreed to by Senate Block Vote (40-Y 0-N 0-A)
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- **2026-03-11** Passed Senate with amendments Block Vote (40-Y 0-N 0-A) `passage`
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- **2026-03-12** Senate amendments agreed to by House (64-Y 34-N 0-A) `amendment-passage`
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- **2026-03-30** Enrolled `enrolled`
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- **2026-03-30** Bill text as passed House and Senate (HB438ER) `passage`
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- **2026-03-30** Signed by President `passage`
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- **2026-03-31** Fiscal Impact Statement from Department of Planning and Budget (HB438)
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- **2026-03-31** Signed by Speaker `passage`
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- **2026-03-31** Enrolled Bill communicated to Governor on March 31, 2026 `enrolled, executive-receipt`
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- **2026-03-31** Governor's Action Deadline 11:59 p.m., April 13, 2026 `executive-receipt`
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- **2026-04-13** Approved by Governor-Chapter 613 (effective 7/1/2026) `executive-signature`
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- **2026-04-13** Acts of Assembly Chapter text (CHAP0613)
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/8bf3e0f5-d53f-4af6-a6be-7b9c55783698`. Confidence: reported (aggregated from official Virginia legislature records).
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