VirginiaHB1932026 Regular SessionHouse

Parole; exception to limitation on the application of parole statutes.

Sponsored By: Delores L. McQuinn (Democratic)

Signed by Governor

Summary

Parole; exception to limitation on the application of parole statutes. Provides that a person is eligible to be considered for parole if such person (i) was sentenced by a jury after the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (2000), in which the Supreme Court held that a jury should be instructed on the fact that parole has been abolished, for a felony committed on or after the abolition of parole going into effect on January 1, 1995; (ii) can prove by the preponderance of the evidence that the jury in his case was not instructed on the fact that parole has been abolished; and (iii) remained incarcerated for the offense on July 1, 2026, and the offense was not one of the following: (a) a Class 1 felony; (b) if the victim was a minor, rape, forcible sodomy, object sexual penetration, or aggravated sexual battery or an attempt to commit any such act; or (c) carnal knowledge. The bill also requires the Parole Board to establish procedures for consideration of parole of persons entitled to it and also provides that any person who is eligible for parole as of July 1, 2026, shall be scheduled for a parole interview no later than July 1, 2027, allowing for extension of time for reasonable cause.

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Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Parole access for long juvenile sentences

People serving life sentences for one or more felonies committed as juveniles become eligible for parole after serving at least 20 years. This also covers active sentences totaling more than 20 years for juvenile felonies, after at least 20 years served. This eligibility applies despite the general parole ban or other conflicting rules in the parole article. The Parole Board must review and decide each eligible person's case under the required review procedures and Board rules. Eligibility does not guarantee release.

Parole access for older jury sentences

Virginia allows parole consideration for two groups sentenced by juries for felonies committed on or after January 1, 1995. The first group was sentenced before June 9, 2000, and remained incarcerated for that offense on July 1, 2020. The second group was sentenced between June 9, 2000, and January 1, 2005, and remained incarcerated on July 1, 2026. People in the second group must prove it is more likely than not that their jury was not told parole had been abolished. Both groups must meet parole eligibility requirements under § 53.1-151. Neither exception covers Class 1 felonies or these crimes against minor victims: rape, forcible sodomy, object sexual penetration, aggravated sexual battery, attempts to commit those crimes, or carnal knowledge under §§ 18.2-63, 18.2-64.1, or 18.2-64.2. The Parole Board must set procedures for considering both groups. People eligible as of July 1, 2020, had an interview scheduling deadline of July 1, 2021. People eligible as of July 1, 2026, have an interview scheduling deadline of July 1, 2027. These deadlines allow extensions for reasonable cause. Parole consideration does not guarantee release.

Sponsors & Cosponsors

Sponsor

  • Delores L. McQuinn

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 244 • No: 105

House vote • 3/12/2026

Senate amendments agreed to by House

Yes: 63 • No: 35

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: 26 • No: 14

Senate vote • 3/10/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 37 • 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 Finance and Appropriations

Yes: 13 • No: 1

Senate vote • 3/2/2026

Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations

Yes: 9 • No: 4 • Other: 1

House vote • 2/17/2026

Read third time and passed House

Yes: 61 • No: 35

House vote • 2/13/2026

Reported from Appropriations

Yes: 15 • No: 7

House vote • 2/13/2026

Subcommittee recommends reporting

Yes: 5 • No: 2

House vote • 2/11/2026

Reported from Courts of Justice and referred to Appropriations

Yes: 15 • No: 7

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0367)

    4/8/2026Governor
  2. Approved by Governor-Chapter 367 (effective 7/1/2026)

    4/8/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (HB193)

    4/1/2026House
  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 (HB193ER)

    3/30/2026House
  8. Enrolled

    3/30/2026House
  9. Signed by President

    3/30/2026Senate
  10. Senate amendments agreed to by House (63-Y 35-N 0-A)

    3/12/2026House
  11. Passed Senate with amendments (26-Y 14-N 0-A)

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

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

    3/11/2026Senate
  14. Read third time

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

    3/10/2026Senate
  16. Constitutional reading dispensed Block Vote (on 2nd reading) (37-Y 0-N 0-A)

    3/10/2026Senate
  17. Rules suspended

    3/10/2026Senate
  18. Reported from Finance and Appropriations (13-Y 1-N)

    3/9/2026Senate
  19. Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (9-Y 4-N 1-A)

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

    2/18/2026Senate
  21. Constitutional reading dispensed (on 1st reading)

    2/18/2026Senate
  22. Read third time and passed House (61-Y 35-N 0-A)

    2/17/2026House
  23. Read second time and engrossed

    2/16/2026House
  24. Read first time

    2/15/2026House
  25. Subcommittee recommends reporting (5-Y 2-N)

    2/13/2026House

Bill Text

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