VirginiaPlea agreements and court orders; prohibited provisions.
What it does
Plea agreements and court orders; prohibited provisions. Prohibits plea agreements and court orders executed or entered on or after July 1, 2026, from containing any provision that purports to waive, release, or extinguish a defendant's (i) rights under the Fourth Amendment to the Constitution of the United States and Article I, Section 10 of the Constitution of Virginia; (ii) right to file a petition requesting expungement of the police records and the court records; or (iii) right to have criminal history record information and court records sealed. The bill provides that any such prohibited provision of a plea agreement or court order is void and unenforceable as against public policy.The bill provides that such prohibition does not apply to any plea agreements, written agreements, or court orders entered into by a defendant and the Commonwealth in certain cases.The bill further provides that any waiver, release, or extinguishment of rights under the Fourth Amendment permissible by law shall be no longer than the period of supervised probation imposed against the defendant; if the defendant is not placed on supervised probation, it shall be no longer than five years.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 13Vetoed by Governor Abigail SpanbergerLatest
- Mar 14Governor's Action Deadline 11:59 p.m., April 13, 2026To Governor
- Mar 14Enrolled Bill communicated to Governor on March 14, 2026Minor
- Mar 10EnrolledMinor
- Mar 10Signed by PresidentMajor
- Mar 10Signed by SpeakerMajor
- Mar 10Fiscal Impact Statement from Department of Planning and Budget (SB23)
- Mar 10EnrolledMinor
- Mar 4Passed House (64-Y 34-N 1-A)Passed House
- Vote recorded H VOTE:. Result: pass.Lower
- Mar 4Read third timeMinor
- Mar 3Read second timeMinor
- Mar 2Reported from Courts of Justice (15-Y 7-N)Minor
- Vote recorded Reported from Courts of Justice. Result: pass.Lower
- Feb 20Subcommittee recommends reporting (7-Y 3-N)
- Vote recorded Subcommittee recommends reporting. Result: pass.Lower
- Feb 17Assigned HCJ sub: CriminalMinor
- Feb 17Referred to Committee for Courts of JusticeMinor
- Feb 17Read first timeMinor
- Feb 17Placed on Calendar
- Feb 13Fiscal Impact Statement from Department of Planning and Budget (SB23)
- Feb 12Read third time and passed Senate (21-Y 19-N 0-A)Passed Senate
- Vote recorded Passage R. Result: pass.Upper
- Feb 11Engrossed by Senate as amended (Voice Vote)
- Feb 11Courts of Justice Amendments agreed toMajor
- Feb 11Read second timeMinor
- Feb 10Passed by for the day Block Vote (Voice Vote)
- Vote recorded Constitutional reading dispensed R. Result: pass.Upper
- Feb 10Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)
- Feb 10Rules suspended
- Feb 9Reported from Courts of Justice with amendments (9-Y 6-N)Minor
- Vote recorded Reported from Courts of Justice with amendments. Result: pass.Upper
- Feb 6Fiscal Impact Statement from Department of Planning and Budget (SB23)
- 2025
- Nov 17Referred to Committee for Courts of JusticeMinor
- Nov 17Prefiled and ordered printed; Offered 01-14-2026 26100415DIntroduced