VirginiaRules of construction; use of "shall," effective clause, report.
What it does
Rules of construction; use of "shall." Provides that "shall," as used in the Code of Virginia, establishes a mandatory requirement and is not merely directory, unless the statute explicitly provides otherwise. The bill responds to the holding in Henderson v. Commonwealth, 77 Va.
More detail
App. 250 (2023), in which the Court of Appeals held that when the General Assembly uses "shall" in a statute commanding action by a public official or public body such usage is directory and not mandatory. The foregoing provisions of the bill do not become effective unless reenacted by the 2027 Session of the General Assembly. The bill requires, effective in due course, the Virginia Code Commission to review the bill's provisions and evaluate the bill's effect on the Code of Virginia and to report its findings and recommendations to the General Assembly no later than December 1, 2026.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 21Continued from last sessionLatest
- Mar 9Continued to next session in Courts of Justice (11-Y 4-N)
- Feb 13Referred to Committee for Courts of JusticeMinor
- Feb 13Constitutional reading dispensed (on 1st reading)
- Feb 12Read third time and passed House (98-Y 0-N 0-A)Passed House
- Feb 11Engrossed by House as amended
- Feb 11committee amendments agreed toMajor
- Feb 11Read second timeMinor
- Feb 10Read first timeMinor
- Feb 6Reported from Rules with amendment(s) (16-Y 0-N)Minor
- Feb 2Assigned HRUL sub: Studies SubcommitteeMinor
- Feb 2Subcommittee recommends reporting (5-Y 0-N)
- Jan 28Referred from Courts of Justice and referred to Rules (Voice Vote)Minor
- Jan 15Referred to Committee for Courts of JusticeMinor
- Jan 15Presented and ordered printed 26104509DIntroduced