Courts of Justice - Criminal Subcommittee Agenda

Chair: Watts, Vivian E.

Meeting Date & Time: 02/04/2026 15 minutes after adjournment of full committee Add to Calendar

Location: House Committee Room C - 206

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Additional Resource(s):

Active item: Meeting Adjourned

Video: Archived

Committee Clerk: Avery McDaniel (804) 698-1544

DLS Contact: Troy Hatcher (804) 698-1829

Administrative Action

Bill(s) Patron Title
HB853 Cousins Petition for modification of a sentence; eligibility, procedures, report.

Summary: A BILL to amend the Code of Virginia by adding a section numbered 19.2-303.03, relating to petition for modification of a sentence; eligibility; procedures; report.

Fiscal Impact

Last actions:

  • 2/7/2026 - Placed on Courts of Justice Agenda
  • 2/9/2026 - Racial and Ethnic Impact Statement From JLARC (2/9/2026 11:33 am)
  • 2/9/2026 - Subcommittee recommends continuing to (Voice Vote)
  • 2/10/2026 - Placed on Courts of Justice Agenda
  • 2/11/2026 - Continued to next session in Courts of Justice (Voice Vote)

Related Bills:

SB634 (Deeds)

Criminal

Subcommittee recommends continuing to (Voice Vote)

HB863 Cousins Offenses, certain; elimination of mandatory minimum sentences.

Summary: A BILL to amend and reenact §§ 3.2-4212, 4.1-302, 16.1-253.2, 18.2-36.1, 18.2-36.2, 18.2-46.3:3, 18.2-51.1, 18.2-53.1, 18.2-57, 18.2-60.4, 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-67.5:2, 18.2-67.5:3, 18.2-154, 18.2-186.4, 18.2-248, 18.2-248.01, 18.2-248.03, 18.2-248.1, 18.2-248.5, 18.2-255, 18.2-255.2, 18.2-270, 18.2-308.1, 18.2-308.2, 18.2-308.2:2, 18.2-308.4, 18.2-374.1, 18.2-374.1:1, 18.2-374.3, 19.2-160.1, 19.2-297.1, 46.2-341.28, 46.2-391, 53.1-116, and 53.1-203 of the Code of Virginia, relating to elimination of mandatory minimum sentences for certain offenses.

Fiscal Impact

Last actions:

  • 2/3/2026 - Assigned HCJ sub: Criminal
  • 2/3/2026 - Placed on Courts of Justice Agenda
  • 2/4/2026 - Continued to next session in Courts of Justice (Voice Vote)
  • 2/5/2026 - Fiscal Impact Statement from Department of Planning and Budget (HB863)
  • 3/6/2026 - Racial and Ethnic Impact Statement From JLARC (3/6/2026 3:51 pm)

Block 2

Bill(s) Patron Title
HB687 Zehr Criminal complaint, warrant, summons, etc.; temporary sealing.

Summary: A BILL to amend and reenact §§ 19.2-72, 19.2-74, 19.2-76, and 19.2-76.2 of the Code of Virginia, relating to criminal complaint, warrant, summons, etc.; temporary sealing.

Fiscal Impact

Subcommittee recommends incorporating (Voice Vote)

Last actions:

  • 1/13/2026 - Referred to Committee for Courts of Justice
  • 2/2/2026 - Fiscal Impact Statement from Department of Planning and Budget (HB687)
  • 2/3/2026 - Assigned HCJ sub: Criminal
  • 2/3/2026 - Placed on Courts of Justice Agenda
  • 2/4/2026 - Subcommittee recommends incorporating (Voice Vote)

Related Bills:

HB1029 (Walker)

Criminal

Subcommittee recommends incorporating (Voice Vote)

HB690 Zehr Search warrant; search of place of abode, copy of affidavit to be part of warrant.

Summary: A BILL to amend and reenact § 19.2-56, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to search warrant; search of place of abode; copy of affidavit to be part of warrant and served therewith; temporary sealing.

Fiscal Impact

Subcommittee recommends reporting with substitute (10-Y 0-N)

Yeas (10): Watts, Delaney, Hernandez, Cousins, Callsen, Mehta, Schmidt, Williams, Davis, Whittle

Last actions:

  • 2/16/2026 - Read second time
  • 2/16/2026 - committee substitute agreed to
  • 2/16/2026 - Engrossed by House - committee substitute
  • 2/17/2026 - Read third time and passed House (97-Y 0-N 0-A)
  • 3/4/2026 - Senate amendments agreed to by House (96-Y 0-N 0-A)

Senate Committee Actions:

• 2/27/2026 - Passed by for the day

• 3/2/2026 - Read third time

• 3/2/2026 - Committee amendments agreed to (Voice Vote)

• 3/2/2026 - Engrossed by Senate as amended

• 3/2/2026 - Passed Senate with amendments Block Vote (40-Y 0-N 0-A)

Related Bills:

HB1028 (Walker)

Criminal

Subcommittee recommends reporting with substitute (10-Y 0-N)

HB1028 Walker Search warrant; search of place of abode, copy of affidavit to be part of warrant.

Summary: A BILL to amend and reenact § 19.2-56, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to search warrant; search of place of abode; copy of affidavit to be part of warrant and served therewith; temporary sealing.

Subcommittee recommends incorporating (Voice Vote)

Last actions:

  • 1/14/2026 - Referred to Committee for Courts of Justice
  • 2/3/2026 - Assigned HCJ sub: Criminal
  • 2/3/2026 - Placed on Courts of Justice Agenda
  • 2/4/2026 - Subcommittee recommends incorporating (Voice Vote)
  • 2/10/2026 - Placed on Courts of Justice Agenda

Related Bills:

HB690 (Zehr)

Criminal

Subcommittee recommends incorporating (Voice Vote)

HB1029 Walker Criminal complaint, warrant, summons, etc.; temporary sealing.

Summary: A BILL to amend and reenact §§ 19.2-72, 19.2-74, 19.2-76, and 19.2-76.2 of the Code of Virginia, relating to criminal complaint, warrant, summons, etc.; temporary sealing.

Fiscal Impact

Last actions:

  • 2/3/2026 - Placed on Courts of Justice Agenda
  • 2/4/2026 - Fiscal Impact Statement from Department of Planning and Budget (HB1029)
  • 2/7/2026 - Placed on Courts of Justice Agenda
  • 2/9/2026 - House subcommittee offered
  • 2/9/2026 - Subcommittee recommends laying on the table (7-Y 3-N)

Related Bills:

HB687 (Zehr)

Criminal

Subcommittee recommends laying on the table (7-Y 3-N)

HB1070 Rasoul Prior conviction; procedure for use as element of offense charged.

Summary: A BILL to amend the Code of Virginia by adding a section numbered 19.2-263.4, relating to procedure for use of prior adjudication, conviction, or status as element of offense charged.

Fiscal Impact

Subcommittee recommends reporting with substitute (7-Y 3-N)

Yeas (7): Watts, Delaney, Hernandez, Cousins, Callsen, Mehta, Schmidt

Nays (3): Williams, Davis, Whittle

Last actions:

  • 2/13/2026 - Read first time
  • 2/16/2026 - Read second time
  • 2/16/2026 - committee substitute agreed to
  • 2/16/2026 - Engrossed by House - committee substitute
  • 2/17/2026 - Read third time and passed House (60-Y 35-N 0-A)

Senate Committee Actions:

• 2/18/2026 - Constitutional reading dispensed (on 1st reading)

• 2/18/2026 - Referred to Committee for Courts of Justice

• 3/4/2026 - Placed on Courts of Justice docket for Mar 04, 2026

• 3/4/2026 - Continued to next session in Courts of Justice (15-Y 0-N)

Criminal

Subcommittee recommends reporting with substitute (7-Y 3-N)

Block 3

Bill(s) Patron Title
HB150 Williams Felonies; limitation on prosecution due to lapse of time after finding of probable cause.

Summary: A BILL to amend and reenact § 19.2-243 of the Code of Virginia, relating to limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions; retaining counsel.

Fiscal Impact

Subcommittee recommends reporting with substitute (10-Y 0-N)

Yeas (10): Watts, Delaney, Hernandez, Cousins, Callsen, Mehta, Schmidt, Williams, Davis, Whittle

Last actions:

  • 2/16/2026 - Fiscal Impact Statement from Department of Planning and Budget (HB150)
  • 2/16/2026 - Read second time
  • 2/16/2026 - committee substitute agreed to
  • 2/16/2026 - Engrossed by House - committee substitute
  • 2/17/2026 - Read third time and passed House (97-Y 0-N 0-A)

Senate Committee Actions:

• 2/18/2026 - Constitutional reading dispensed (on 1st reading)

• 2/18/2026 - Referred to Committee for Courts of Justice

• 2/23/2026 - Placed on Courts of Justice docket for Feb 23, 2026

• 2/23/2026 - Continued to next session in Courts of Justice (9-Y 6-N)

Criminal

Subcommittee recommends reporting with substitute (10-Y 0-N)

HB441 Hope Judicial Inquiry and Review Commission; reform, increases membership.

Summary: A BILL to amend and reenact §§ 17.1-100, 17.1-901, 17.1-902, 17.1-903, 17.1-913, and 17.1-914 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 17.1-902.1, relating to the Judicial Inquiry and Review Commission; reform.

Fiscal Impact

Subcommittee recommends reporting with substitute (10-Y 0-N)

Yeas (10): Watts, Delaney, Hernandez, Cousins, Callsen, Mehta, Schmidt, Williams, Davis, Whittle

Last actions:

  • 2/13/2026 - Read first time
  • 2/16/2026 - Read second time
  • 2/16/2026 - committee substitute agreed to
  • 2/16/2026 - Engrossed by House - committee substitute
  • 2/17/2026 - Read third time and passed House (97-Y 0-N 0-A)

Senate Committee Actions:

• 2/18/2026 - Constitutional reading dispensed (on 1st reading)

• 2/18/2026 - Referred to Committee for Courts of Justice

• 3/5/2026 - Placed on Courts of Justice docket for Mar 05, 2026

• 3/5/2026 - Continued to next session in Courts of Justice (13-Y 0-N)

Criminal

Subcommittee recommends reporting with substitute (10-Y 0-N)

HB561 Hope Driving while intoxicated; refusal of tests, repeat offenders, ignition interlocks.

Summary: A BILL to amend and reenact §§ 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-271, 18.2-271.1, 46.2-391, and 46.2-391.2 of the Code of Virginia, relating to driving while intoxicated; refusal of tests; repeat offenders; ignition interlocks.

Fiscal Impact

Subcommittee recommends reporting with amendment(s) (10-Y 0-N)

Yeas (10): Watts, Delaney, Hernandez, Cousins, Callsen, Mehta, Schmidt, Williams, Davis, Whittle

Last actions:

  • 2/16/2026 - committee amendments agreed to
  • 2/16/2026 - Engrossed by House as amended
  • 2/16/2026 - Printed as engrossed 26105186D-E
  • 2/17/2026 - Read third time and passed House (97-Y 0-N 0-A)
  • 3/5/2026 - Fiscal Impact Statement from Department of Planning and Budget (HB561)

Senate Committee Actions:

• 2/18/2026 - Constitutional reading dispensed (on 1st reading)

• 2/18/2026 - Referred to Committee for Courts of Justice

• 3/5/2026 - Placed on Courts of Justice docket for Mar 05, 2026

• 3/5/2026 - Senate committee offered

• 3/5/2026 - Reported from Courts of Justice with amendments (12-Y 2-N)

Criminal

Subcommittee recommends reporting with amendment(s) (10-Y 0-N)

HB637 Callsen Possession of residue of a controlled substance unlawful; penalties exceptions.

Summary: A BILL to amend and reenact §§ 3.2-4113, 4.1-1604, 18.2-36.3, 18.2-250, 18.2-251, 18.2-251.03 through 18.2-251.1:3, 18.2-308.1:5, 19.2-327.15, 32.1-45.4, and 54.1-3466 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-250.01, relating to possession of residue of a controlled substance; penalties; exceptions.

Fiscal Impact

Last actions:

  • 2/13/2026 - Read first time
  • 2/16/2026 - Read second time
  • 2/16/2026 - committee substitute agreed to
  • 2/16/2026 - Engrossed by House - committee substitute
  • 2/17/2026 - Read third time and passed House (63-Y 33-N 0-A)

Senate Committee Actions:

• 2/18/2026 - Constitutional reading dispensed (on 1st reading)

• 2/18/2026 - Referred to Committee for Courts of Justice

• 3/5/2026 - Placed on Courts of Justice docket for Mar 05, 2026

• 3/5/2026 - Reported from Courts of Justice (10-Y 4-N)

Criminal

Subcommittee recommends reporting with substitute (8-Y 2-N)

HB862 Cousins Virginia Alcohol Safety Action Program (VASAP), Commission on; structure and responsibilities.

Summary: A BILL to amend and reenact §§ 9.1-101, as it is currently effective and as it shall become effective, 18.2-268.3, 18.2-270.1, 18.2-271.1, 18.2-271.5, and 46.2-507, as it shall become effective, of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 7 of Title 18.2 an article numbered 2.1, consisting of sections numbered 18.2-273.1 through 18.2-273.9; and to repeal §§ 18.2-270.2, 18.2-271.2, and 18.2-271.4 of the Code of Virginia, relating to Commission on the Virginia Alcohol Safety Action Program (VASAP).

Fiscal Impact

Last actions:

  • 2/16/2026 - Printed as engrossed 26101554D-E
  • 2/17/2026 - Read third time and passed House (97-Y 0-N 0-A)
  • 2/19/2026 - Fiscal Impact Statement from Department of Planning and Budget (HB862)
  • 3/6/2026 - Fiscal Impact Statement from Department of Planning and Budget (HB862)
  • 3/6/2026 - Senate substitute agreed to by House (97-Y 0-N 0-A)

Senate Committee Actions:

• 3/4/2026 - Read third time

• 3/4/2026 - Finance and Appropriations Substitute agreed to

• 3/4/2026 - Engrossed by Senate - committee substitute

• 3/4/2026 - Passed Senate with substitute Block Vote (40-Y 0-N 0-A)

• 3/4/2026 - Passed Senate with substitute Block Vote (40-Y 0-N 0-A)

Related Bills:

SB391 (Stuart)

Criminal

Subcommittee recommends reporting with amendment(s) (10-Y 0-N)