VirginiaHB1722026 Regular SessionHouse

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

Sponsored By: Leslie Chambers Mehta (Democratic)

Signed by Governor

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: 1 benefits, 0 costs, 0 mixed.

More jury options for Virginia defendants

The law requires reenactment by Virginia's 2027 Session before these changes take effect. It allows defendants facing jury trials to request jury sentencing in writing at least 30 days before trial. Defendants can withdraw that request until sentencing begins. Courts and lawyers can tell prospective jurors the possible punishments and ask questions to check fairness during trial or sentencing. Lawyers can ask about punishment even when the jury will not set the sentence. Courts and lawyers can question jurors under oath about family ties, interests in the case, opinions, and bias. The court must replace biased jurors, and jurors must disclose knowledge of the case's facts in open court.

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

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 3/10/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • 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 - see bill)

    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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