VirginiaHB1912026 Regular SessionHouse

Victims of sex trafficking; immunity for minors to arrest or prosecution for prostitution.

Sponsored By: Kelly K. Convirs-Fowler (Democratic)

Became Law

Summary

Victims of sex trafficking; minors; immunity to prosecution for prostitution. Provides that no minor shall be subject to arrest or prosecution for a qualifying offense, defined in relevant law, if at the time of the offense leading to such charge, such minor was a victim of sex trafficking, defined in relevant law. The bill also provides that such minor shall be referred to the local department of social services for a human trafficking or other assessment pursuant to relevant law and a law-enforcement officer or the local department of social services may take custody of such minor. Lastly, the bill provides that no law-enforcement officer acting in good faith shall be found liable for false arrest if it is later determined that the minor arrested was immune from prosecution.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Defense for trafficking victims in prostitution cases

If you are charged under § 18.2-346 or § 18.2-347, you can claim an affirmative defense if you were a sex‑trafficking victim at the time. You count as a victim if you committed the act because someone solicited, invited, recruited, encouraged, forced, intimidated, or deceived you. The defense applies when you were coerced by force or intimidation, or you acted at another person’s direction (not the person you engaged with). This protection applies even if no trafficker is charged or convicted.

Trafficked minors avoid charges and get help

The law bars arrest and prosecution of any minor for § 18.2-346 or § 18.2-347 if the child was a sex‑trafficking victim when the act happened. The minor must be sent to the local Department of Social Services for a human‑trafficking or other assessment under § 63.2‑1506.1.

Protective custody for trafficked minors

A police officer or the local social services agency can take custody of a minor identified as a sex‑trafficking victim. They must follow the protective‑custody steps in § 63.2‑1517. This aims to protect the child and may change where the child stays during the process.

Good-faith shield for officers

An officer who acts in good faith is not liable for false arrest if a minor later is found immune under this law. This protects officers who reasonably believed the arrest was lawful.

Sponsors & Cosponsors

Sponsor

  • Kelly K. Convirs-Fowler

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 280 • No: 1

House vote 2/25/2026

Senate amendment agreed to by House

Yes: 96 • No: 1

Senate vote 2/23/2026

Courts of Justice Amendment agreed to

Yes: 0 • No: 0

Senate vote 2/20/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 2/20/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/18/2026

Reported from Courts of Justice with amendment

Yes: 14 • No: 0

House vote 2/10/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote 2/4/2026

Reported from Courts of Justice with substitute

Yes: 22 • No: 0

House vote 1/30/2026

Subcommittee recommends reporting with substitute

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0577)

    4/13/2026Governor
  2. Approved by Governor-Chapter 577 (effective 7/1/2026)

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

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB191)

    3/2/2026House
  6. Bill text as passed House and Senate (HB191ER)

    3/2/2026House
  7. Enrolled

    3/2/2026House
  8. Signed by President

    3/2/2026Senate
  9. Signed by Speaker

    3/2/2026House
  10. Senate amendment agreed to by House (96-Y 1-N 0-A)

    2/25/2026House
  11. Courts of Justice Amendment agreed to

    2/23/2026Senate
  12. Passed Senate with amendment Block Vote (38-Y 0-N 0-A)

    2/23/2026Senate
  13. Engrossed by Senate as amended

    2/23/2026Senate
  14. Read third time

    2/23/2026Senate
  15. Passed by for the day Block Vote (Voice Vote)

    2/20/2026Senate
  16. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    2/20/2026Senate
  17. Rules suspended

    2/20/2026Senate
  18. Fiscal Impact Statement from Department of Planning and Budget (HB191)

    2/18/2026House
  19. Reported from Courts of Justice with amendment (14-Y 0-N)

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

    2/11/2026Senate
  21. Constitutional reading dispensed (on 1st reading)

    2/11/2026Senate
  22. Read third time and passed House Block Vote (98-Y 0-N 0-A)

    2/10/2026House
  23. Engrossed by House - committee substitute

    2/9/2026House
  24. committee substitute agreed to

    2/9/2026House
  25. Read second time

    2/9/2026House

Bill Text

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