VirginiaDelinquency petition; referral to court service unit.
What it does
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.
More detail
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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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 13Acts of Assembly Chapter text (CHAP0613)Latest
- Apr 13Approved by Governor Abigail Spanberger-Chapter 613 (effective 7/1/2026)Became Law
- Mar 31Governor's Action Deadline 11:59 p.m., April 13, 2026To Governor
- Mar 31Enrolled Bill communicated to Governor on March 31, 2026Minor
- Mar 31Signed by SpeakerMajor
- Mar 31Fiscal Impact Statement from Department of Planning and Budget (HB438)
- Mar 30Signed by PresidentMajor
- Mar 30Bill text as passed House and Senate (HB438ER)Major
- Mar 30EnrolledMinor
- Mar 12Senate amendments agreed to by House (64-Y 34-N 0-A)Major
- Vote recorded H VOTE:. Result: pass.Lower
- Mar 11Passed Senate with amendments Block Vote (40-Y 0-N 0-A)Major
- Vote recorded Reconsider R. Result: pass.Upper
- Vote recorded Passage R. Result: pass.Upper
- Vote recorded Passage R. Result: pass.Upper
- Mar 11Reconsideration of Senate passage agreed to by Senate Block Vote (40-Y 0-N 0-A)
- Mar 11Passed Senate with amendments Block Vote (39-Y 0-N 0-A)Passed Senate
- Mar 11Engrossed by Senate as amended
- Mar 11Courts of Justice Amendment agreed toMajor
- Mar 11Read third timeMinor
- Mar 10Passed by for the day (Voice Vote)
- Vote recorded Constitutional reading dispensed (on 2nd reading). Result: pass.Upper
- Mar 10Constitutional reading dispensed (on 2nd reading) (37-Y 0-N 0-A)
- Mar 10Rules suspended
- Mar 9Reported from Finance and Appropriations (14-Y 0-N)Minor
- Vote recorded Reported from Finance and Appropriations. Result: pass.Upper
- Mar 4Fiscal Impact Statement from Department of Planning and Budget (HB438)
- Mar 2Senate committee offered
- Vote recorded Reported from Courts of Justice with amendments. Result: pass.Upper
- Mar 2Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (15-Y 0-N)Minor
- Feb 20Fiscal Impact Statement from Department of Planning and Budget (HB438)
- Feb 18Referred to Committee for Courts of JusticeMinor
- Feb 18Constitutional reading dispensed (on 1st reading)
- Feb 17Read third time and passed House (63-Y 33-N 0-A)Passed House
- Vote recorded H VOTE:. Result: pass.Lower
- Feb 16Engrossed by House - committee substituteMajor
- Feb 16committee substitute agreed toMajor
- Feb 16Read second timeMinor
- Feb 13Read first timeMinor
- Feb 11Committee substitute printed 26106927D-H1Major
- Vote recorded Reported from Courts of Justice with substitute. Result: pass.Lower
- Feb 11Reported from Courts of Justice with substitute (15-Y 7-N)Minor
- Feb 6Subcommittee recommends reporting with substitute (8-Y 2-N)Major
- Vote recorded Subcommittee recommends reporting with substitute. Result: pass.Lower
- Feb 6House subcommittee offered
- Feb 3Assigned HCJ sub: CriminalMinor
- Jan 29Fiscal Impact Statement from Department of Planning and Budget (HB438)
- Jan 12Referred to Committee for Courts of JusticeMinor
- Jan 12Prefiled and ordered printed; Offered 01-14-2026 26103735DIntroduced