VirginiaHB12992026 Regular SessionHouse

Rules of construction; use of "shall," effective clause, report.

Sponsored By: Karrie K. Delaney (Democratic)

In Committee

Summary

Rules of construction; use of "shall." Provides that "shall," as used in the Code of Virginia, establishes a mandatory requirement and is not merely directory, unless the statute explicitly provides otherwise. The bill responds to the holding in Henderson v. Commonwealth, 77 Va. App. 250 (2023), in which the Court of Appeals held that when the General Assembly uses "shall" in a statute commanding action by a public official or public body such usage is directory and not mandatory. The foregoing provisions of the bill do not become effective unless reenacted by the 2027 Session of the General Assembly. The bill requires, effective in due course, the Virginia Code Commission to review the bill's provisions and evaluate the bill's effect on the Code of Virginia and to report its findings and recommendations to the General Assembly no later than December 1, 2026.

Courts of Justice

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Bill Overview

No Economic Impacts Identified for this Bill

Sponsors & Cosponsors

Sponsor

  • Karrie K. Delaney

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 130 • No: 4

Senate vote 3/9/2026

Continued to 2027 in Courts of Justice

Yes: 11 • No: 4

House vote 2/12/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote 2/6/2026

Reported from Rules with amendment(s)

Yes: 16 • No: 0

House vote 2/2/2026

Subcommittee recommends reporting

Yes: 5 • No: 0

House vote 1/28/2026

Referred from Courts of Justice and referred to Rules (Voice Vote)

Yes: 0 • No: 0

Actions Timeline

  1. Continued to 2027 in Courts of Justice (11-Y 4-N)

    3/9/2026Senate
  2. Referred to Committee for Courts of Justice

    2/13/2026Senate
  3. Constitutional reading dispensed (on 1st reading)

    2/13/2026Senate
  4. Read third time and passed House Block Vote (98-Y 0-N 0-A)

    2/12/2026House
  5. Engrossed by House as amended

    2/11/2026House
  6. committee amendments agreed to

    2/11/2026House
  7. Read second time

    2/11/2026House
  8. Read first time

    2/10/2026House
  9. Reported from Rules with amendment(s) (16-Y 0-N)

    2/6/2026House
  10. Subcommittee recommends reporting (5-Y 0-N)

    2/2/2026House
  11. Assigned HRUL sub: Studies Subcommittee

    2/2/2026House
  12. Referred from Courts of Justice and referred to Rules (Voice Vote)

    1/28/2026House
  13. Referred to Committee for Courts of Justice

    1/15/2026House
  14. Presented and ordered printed 26104509D

    1/15/2026House

Bill Text

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