VirginiaHB1182026 Regular SessionHouse

Discovery materials or evidence; accused may request to copy or photograph any materials.

Sponsored By: Karen Keys-Gamarra (Democratic)

Became Law

Summary

Discovery; methods of delivery. Requires the Commonwealth, upon request by the accused or his counsel, to copy or photograph any discovery materials or evidence the accused is permitted to inspect and review, including relevant police reports, criminal records, dashboard camera footage, and body-worn camera footage, and requires the Commonwealth to provide copies to the accused or his counsel, subject to the redaction, restricted dissemination, and protective order provisions of the relevant Rules of the Supreme Court of Virginia and unless such material is prohibited from being distributed by law.The bill requires the attorney for the Commonwealth in any district court to provide to counsel of record for the accused, if requested, a copy of any relevant police report at least 10 days prior to the date the case is set for trial or preliminary hearing, and such report is subject to limitations on dissemination. The bill further provides that if such materials are provided to counsel of record for the accused in district court for a preliminary hearing, the circuit court shall order such counsel to provide discovery to the attorney for the Commonwealth subject to the relevant Rules of the Supreme Court of Virginia prior to trial in circuit court. Lastly, the bill provides that if at any time during the course of the proceedings it is brought to the attention of the court that the attorney for the Commonwealth has failed to comply with such provisions, the court may order the Commonwealth to permit discovery or inspection, grant a continuance, or prohibit the Commonwealth from introducing evidence not disclosed, or the court may enter such other order as it deems just under the circumstances.

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Bill Overview

Analyzed Economic Effects

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

Courts can penalize discovery rule violations

If the prosecutor does not follow discovery rules, the court can step in. The court can order discovery or inspection, delay the case, or block evidence the prosecutor failed to disclose. The court can also make any other fair order.

Defense gets police reports 10 days early

In district court cases handled by the Commonwealth’s attorney, your lawyer can ask for the police report. The prosecutor must provide any relevant report at least 10 days before trial or a preliminary hearing. The report may be shared only with your lawyer, the lawyer’s staff, or an expert. Your lawyer can tell you what is in it. The report cannot be copied or shared more widely.

Easier access to evidence for defendants

In circuit court, when your lawyer asks for discovery, the prosecutor must give copies of allowed materials. The law follows Rule 3A:11 and does not require sharing items a statute forbids. When a court orders discovery, you can ask to copy or photograph what you may inspect. This includes police reports, criminal records, dashcam video, and body‑camera video. The prosecutor must give copies to your lawyer, and copies can be redacted or limited by a protective order.

Sponsors & Cosponsors

Sponsor

  • Karen Keys-Gamarra

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 394 • No: 111

Senate vote 3/13/2026

Conference report agreed to by Senate

Yes: 39 • No: 0

House vote 3/12/2026

Conference report agreed to by House

Yes: 81 • No: 14

Senate vote 3/5/2026

Senate insisted on substitute

Yes: 39 • No: 0

House vote 3/3/2026

Senate substitute rejected by House

Yes: 4 • No: 94

Senate vote 2/27/2026

Passed Senate with substitute Block Vote

Yes: 37 • No: 0

Senate vote 2/27/2026

Finance and Appropriations Substitute agreed to

Yes: 0 • No: 0

Senate vote 2/26/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/26/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 2/25/2026

Reported from Finance and Appropriations with substitute

Yes: 15 • No: 0

Senate vote 2/23/2026

Reported from Courts of Justice and rereferred to Finance and Appropriations

Yes: 14 • No: 0

House vote 2/3/2026

Read third time and passed House

Yes: 96 • No: 2

House vote 1/28/2026

Reported from Courts of Justice with substitute

Yes: 20 • No: 0

House vote 1/23/2026

Subcommittee recommends reporting with substitute

Yes: 9 • No: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0562)

    4/13/2026Governor
  2. Approved by Governor-Chapter 562 (effective 7/1/2026)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (HB118)

    3/31/2026House
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  5. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed House and Senate (HB118ER)

    3/30/2026House
  8. Enrolled

    3/30/2026House
  9. Signed by President

    3/30/2026Senate
  10. Conference report agreed to by Senate (39-Y 0-N 0-A)

    3/13/2026Senate
  11. Conference Report released

    3/13/2026
  12. Conference report agreed to by House (81-Y 14-N 0-A)

    3/12/2026House
  13. Conference Report released

    3/11/2026
  14. House Conferees: Keys-Gamarra, Carnegie, Griffin

    3/10/2026House
  15. Conferees appointed by House

    3/10/2026House
  16. Conferees appointed by Senate

    3/9/2026Senate
  17. Senate Conferees: Carroll Foy, Perry, McDougle

    3/9/2026Senate
  18. House acceded to request

    3/6/2026House
  19. Senate insisted on substitute (39-Y 0-N 0-A)

    3/5/2026Senate
  20. Senate requested conference committee

    3/5/2026Senate
  21. Senate substitute rejected by House (4-Y 94-N 0-A)

    3/3/2026House
  22. Passed Senate with substitute Block Vote (37-Y 0-N 0-A)

    2/27/2026Senate
  23. Finance and Appropriations Substitute agreed to

    2/27/2026Senate
  24. Engrossed by Senate - committee substitute

    2/27/2026Senate
  25. Read third time

    2/27/2026Senate

Bill Text

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