VirginiaHB11402026 Regular SessionHouseWALLET

Drug-related investigations; use of confidential informants.

Sponsored By: Mike A. Cherry (Republican)

Became Law

Summary

Use of confidential informants in drug-related investigations. Directs the Department of Criminal Justice Services to establish a model policy for the use of confidential informants in drug-related investigations and to include in such model policy that (i) no individual currently on probation or pretrial may serve as a confidential informant without notice to his probation, pretrial services, or parole officer; (ii) no individual who has, within the last six months, been found to have violated the terms of his probation or parole shall serve as a confidential informant whose testimony may be necessary in the prosecution of a criminal matter in the courts of the Commonwealth; (iii) law-enforcement personnel shall obtain approval from the appropriate local attorney for the Commonwealth prior to working with a confidential informant; and (iv) such confidential informant shall not unlawfully use or possess any controlled substances.

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Bill Overview

Analyzed Economic Effects

18 provisions identified: 15 benefits, 0 costs, 3 mixed.

Statewide model policies and training

The Department publishes model policies on topics like bias awareness, de‑escalation, sexual assault and trafficking response, lineups, and use of tear gas or kinetic munitions. It coordinates naloxone guidance with health agencies. It sets a model policy for body‑worn cameras, including records storage and retention. It sets guidelines for psychological exams. It also creates a model curriculum and lesson plans for criminal justice academies. Basic and recertification training must cover bias, de‑escalation, and lawful use of force.

Statewide planning and grants for policing

The Department runs a statewide criminal justice research center and long‑range plan. It can fund and assist state and local programs to improve law enforcement. It reviews programs, coordinates planning across agencies, and issues advisory guidance. It also seeks and manages federal funds to support public safety.

Stronger training for mental health crises

Crisis intervention training is required in basic training and recertification for officers. Officers get training on communicating with people with intellectual and developmental disabilities, including autism, and on de‑escalation and community resources. Officers receive training on arrest discretion in mental health crises and the effects of arrest. The Department helps set up the Marcus Alert system and related local reporting. Basic training includes stress, self‑care, and resiliency. Dispatcher training includes dementia response for dispatchers hired on or after July 1, 1988.

Tougher statewide training for police officers

The law sets required post‑hire training for officers, including crisis‑intervention skills. It creates standards for field training officers and advanced and in‑service courses. It sets rules for radar and speed‑device use and instructor credentials. The Department consults with localities and schools, approves training schools, and runs state training programs. It also sets duty‑based training for auxiliary police, with certain legal exemptions.

Training rules for school safety officers

School resource officers must meet statewide training and recertification standards. Training covers law, safety, de‑escalation, bias awareness, and working with students with disabilities or mental‑health needs. School security officers also face minimum hiring, training, and certification rules. Any school security officer who carries a firearm must show proof of an approved active‑shooter or emergency response course.

Better crisis response and jail recovery

The Department reviews and reports on crisis‑intervention team programs statewide. It also creates a voluntary jail addiction‑recovery program model that sheriffs can offer. Participation by people in jail and staff is voluntary.

Guidance on sex offender registry duties

The Department works with State Police and the State Compensation Board to guide agencies on sex‑offender registry investigations, registration, and information sharing. This helps local agencies follow state law and improve public safety.

Help for community policing and accreditation

The Department reviews local community‑policing programs and recommends standards to improve them. It creates a Law‑Enforcement Accreditation Center to help agencies earn state accreditation. The Department also provides training, technical help, and information resources like a website and newsletter.

Officer conduct and certification rules

The Department runs officer certification and decertification. It sets statewide professional conduct standards and due‑process procedures for decertification. The law provides a review process for decertification. It also sets rules for when a decertified officer can petition to regain certification.

Security plan for at risk nonprofits

The law creates a model security policy for nonprofits at risk of hate crimes. It guides officers and security staff using information about the group’s traditions, services, and activities. This helps plan safer protection for targeted communities.

Stronger privacy rules for criminal records

The law tightens how agencies handle criminal records. The Department can require reports, run audits, and enforce privacy and security rules. It studies privacy risks, trains agencies, and coordinates with statewide privacy bodies. It also works with interstate record systems to share data safely.

Stronger state powers to run programs

The Department can receive and spend federal and other funds. It may accept grants and donations and must report donors and terms each year. It can sign needed contracts and set rules for planning, funding, and subgrants. The Department also runs a waiver process for certain military property and posts any waivers online.

Upgraded training in courts and jails

The law sets required entry, in‑service, and advanced training for courthouse and courtroom security staff. Deputy sheriffs who serve legal papers must meet statewide training timelines. Jail and corrections officers receive training on care for pregnant inmates and the effects of restraints, restrictive housing, and body cavity searches. The state sets standards for detector canine teams and runs a central database tracking canine and handler performance.

Trafficking training for hotels, retailers, security

The state provides online courses to help hotel staff and alcohol‑retail workers spot and report trafficking. It also offers training for security officers and related staff that meets state standards. The Attorney General and the Department advise police and prosecutors on trafficking cases.

Safer campuses and victim support standards

Campus security officers must meet statewide hiring, training, and certification standards. The state creates trauma‑informed sexual assault investigation training for investigators and campus personnel. The Department also supports the statewide committee that sets standards for sexual and domestic violence programs.

Licenses and IDs for bondsmen, security, towing

Bail bondsmen and bail enforcement agents must be licensed by the state. Tow‑truck drivers must follow state registration rules. Private security workers get a standardized state photo ID. These steps add compliance tasks and likely fees, but they also set clear standards and improve oversight.

Notify prescribers after overdose investigations

The law sets a model policy for overdose responses. When officers identify a prescriber, they notify that prescriber of any controlled substance found or believed to be ingested. Officers do not send a notice if it would jeopardize an active investigation. This aims to improve follow-up care while protecting investigations.

Stricter rules for drug informants

The law sets a model policy for using confidential informants in drug cases. Officers must notify a person’s probation, pretrial services, or parole officer before using someone who is currently supervised. Anyone who violated probation or parole in the last six months cannot be used if their testimony may be needed in court. Agencies must get approval from the local Commonwealth’s Attorney before working with an informant. Informants cannot unlawfully use or possess controlled drugs.

Sponsors & Cosponsors

Sponsor

  • Mike A. Cherry

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 343 • No: 0

House vote 3/6/2026

Senate amendment agreed to by House

Yes: 97 • No: 0

Senate vote 3/4/2026

Passed Senate with amendment

Yes: 38 • No: 0

Senate vote 3/4/2026

Courts of Justice Amendment agreed to

Yes: 0 • No: 0

Senate vote 3/3/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/2/2026

Reported from Courts of Justice with amendment

Yes: 13 • No: 0 • Other: 2

House vote 2/17/2026

Read third time and passed House Block Vote

Yes: 97 • No: 0

House vote 2/11/2026

Subcommittee recommends reporting

Yes: 7 • No: 0 • Other: 1

House vote 2/11/2026

Reported from Appropriations

Yes: 22 • No: 0

House vote 2/6/2026

Reported from Public Safety with amendment(s) and referred to Appropriations

Yes: 22 • No: 0

House vote 2/5/2026

Subcommittee recommends reporting with amendment(s) and referring to Appropriations

Yes: 7 • No: 0 • Other: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0742)

    4/13/2026Governor
  2. Approved by Governor-Chapter 742 (effective 7/1/2026)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (HB1140)

    3/16/2026House
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  5. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026House
  6. Bill text as passed House and Senate (HB1140ER)

    3/13/2026House
  7. Enrolled

    3/13/2026House
  8. Signed by President

    3/13/2026Senate
  9. Signed by Speaker

    3/13/2026House
  10. Senate amendment agreed to by House (97-Y 0-N 0-A)

    3/6/2026House
  11. Passed Senate with amendment (38-Y 0-N 0-A)

    3/4/2026Senate
  12. Courts of Justice Amendment agreed to

    3/4/2026Senate
  13. Engrossed by Senate as amended

    3/4/2026Senate
  14. Read third time

    3/4/2026Senate
  15. Passed by for the day Block Vote (Voice Vote)

    3/3/2026Senate
  16. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/3/2026Senate
  17. Rules suspended

    3/3/2026Senate
  18. Reported from Courts of Justice with amendment (13-Y 0-N 2-A)

    3/2/2026Senate
  19. Fiscal Impact Statement from Department of Planning and Budget (HB1140)

    2/18/2026House
  20. Referred to Committee for Courts of Justice

    2/18/2026Senate
  21. Constitutional reading dispensed (on 1st reading)

    2/18/2026Senate
  22. Read third time and passed House Block Vote (97-Y 0-N 0-A)

    2/17/2026House
  23. Engrossed by House as amended

    2/16/2026House
  24. committee amendments agreed to

    2/16/2026House
  25. Read second time

    2/16/2026House

Bill Text

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