VirginiaHB1722026 Regular SessionHouse

Criminal cases; request for a jury to ascertain range of punishment, etc.

Sponsored By: Leslie Chambers Mehta (Democratic)

Became Law

Summary

Criminal cases; request for a jury to ascertain punishment. Provides that an accused may withdraw a request for a jury to ascertain punishment up until the commencement of the sentencing proceeding. The bill also provides that counsel for either party shall have the right to examine jurors regarding the potential punishment, or range or ranges of punishment, regardless of whether the jury will ascertain punishment and that the court or counsel for either party may inform any person or juror during voir dire as to the potential punishment, or range or ranges of punishment, to ascertain if the person or juror can sit impartially in the guilt or sentencing phase of the case. Current law provides that the court or counsel for either party may inform any person or juror during voir dire as to the potential range of punishment to ascertain if the person or juror can sit impartially in the sentencing phase of the case.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

New jury and sentencing rules for defendants

The law lets judges and lawyers tell and ask jurors about possible punishments during jury selection. If you want the jury to set punishment, you must file a written request at least 30 days before trial. You may withdraw that request until the sentencing proceeding starts. By default, the jury decides only guilt or innocence unless you asked it to set punishment. If a judge later changes a sentence the jury set, the court must file written reasons in the case record. These changes take effect only if the General Assembly reenacts them in 2027.

Sponsors & Cosponsors

Sponsor

  • Leslie Chambers Mehta

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 302 • No: 157

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 21 • No: 18

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 63 • No: 36

House vote 3/12/2026

Senate amendments agreed to by House

Yes: 63 • No: 34

Senate vote 3/11/2026

Courts of Justice Amendments agreed to

Yes: 0 • No: 0

Senate vote 3/11/2026

Passed Senate with amendments

Yes: 21 • No: 19

Senate vote 3/10/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/10/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/9/2026

Reported from Courts of Justice with amendments

Yes: 9 • No: 6

House vote 2/10/2026

Read third time and passed House

Yes: 63 • No: 34

House vote 2/4/2026

Reported from Courts of Justice with substitute

Yes: 15 • No: 7

House vote 1/30/2026

Subcommittee recommends reporting with substitute

Yes: 7 • No: 3

Actions Timeline

  1. Senate concurred in Governor's recommendation (21-Y 18-N 0-A)

    4/22/2026Senate
  2. House concurred in Governor's recommendation (63-Y 36-N 0-A)

    4/22/2026House
  3. Acts of Assembly Chapter text (CHAP1036)

    4/22/2026Governor
  4. Reenrolled bill text (HB172ER2)

    4/22/2026House
  5. Reenrolled

    4/22/2026House
  6. Approved by Governor-Chapter 1036 (effective 7/1/2026)

    4/22/2026Governor
  7. Signed by President

    4/22/2026Senate
  8. Signed by Speaker

    4/22/2026House
  9. Governor's recommendation adopted

    4/22/2026Governor
  10. Governor's recommendation received by House

    4/13/2026Governor
  11. Fiscal Impact Statement from Department of Planning and Budget (HB172)

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

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

    3/31/2026House
  14. Signed by Speaker

    3/31/2026House
  15. Bill text as passed House and Senate (HB172ER)

    3/30/2026House
  16. Enrolled

    3/30/2026House
  17. Signed by President

    3/30/2026Senate
  18. Senate amendments agreed to by House (63-Y 34-N 0-A)

    3/12/2026House
  19. Passed Senate with amendments (21-Y 19-N 0-A)

    3/11/2026Senate
  20. Courts of Justice Amendments agreed to

    3/11/2026Senate
  21. Engrossed by Senate as amended

    3/11/2026Senate
  22. Read third time

    3/11/2026Senate
  23. Passed by for the day Block Vote (Voice Vote)

    3/10/2026Senate
  24. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/10/2026Senate
  25. Rules suspended

    3/10/2026Senate

Bill Text

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