VirginiaHB4382026 Regular SessionHouse

Delinquency petition; referral to court service unit.

Sponsored By: Destiny LeVere Bolling (Democratic)

Became Law

Summary

Delinquency petition; referral to court service unit. Provides that at any point prior to the commencement of an adjudication hearing on a petition alleging that a child is delinquent, the court, upon request of the child with consent of the attorney for the Commonwealth, if a party to the case, may refer the delinquency charge back to the court service unit in writing and the intake officer shall proceed informally pursuant to relevant law. Additionally, the bill provides that upon such referral, the court shall dismiss the petition and order that the court records pertaining to the petition be expunged pursuant to relevant law. Lastly, the bill allows an intake officer to proceed informally on a complaint alleging a child is in need of services, in need of supervision, or delinquent if the juvenile has previously been proceeded against informally.Current law does not permit proceeding informally when a juvenile (i) commits a violent juvenile felony or (ii) is alleged delinquent for an offense that would be a felony if committed by an adult if such juvenile had previously been (a) proceeded against informally by intake or (b) adjudicated delinquent for a prior offense that would be a felony if committed by an adult. This bill is identical to SB 70.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 1 costs, 3 mixed.

Court can send cases back for diversion

Before a hearing starts, the court can send a delinquency case back to the court service unit for informal handling if the child asks and, when involved, the prosecutor agrees. The court then dismisses the petition and orders the court records destroyed. The court must notify the prosecutor and record‑keeping agencies. Records kept by the court service unit for informal intake are not required to be destroyed.

Clearer juvenile filing rules and backstops

The intake officer must accept and file petitions about custody, visitation, support, desertion, required treatment, and certain family‑abuse and violence protective orders. If the complainant will not file, the officer can file for them. The Commonwealth’s attorney can file on their own, and some social‑services staff can file certain child‑support and related petitions on approved forms. Attorneys can file most petitions, but not those alleging a child needs services, needs supervision, or is delinquent. If the officer refuses a Class 1 misdemeanor or felony petition only for no probable cause, the complainant can apply to a magistrate within 10 days; if probable cause is found, the officer must file. But if the officer finds probable cause and chooses diversion, that refusal is final and there is no magistrate review.

More diversion for kids, with limits

Intake officers can handle some cases informally and must make a plan. The plan can include restitution, community service, or a youth diversion program for non‑felony and non‑Class 1 misdemeanor acts with parent consent. The officer must warn that not following the plan within 180 days can lead to a petition. For a child in need of supervision, the officer must first make sure community services were tried and must refer families to help before filing. Truancy cases can be deferred into a written truancy plan only if there are two or fewer past attendance cases, the last one was at least three years ago, the school met legal steps, and the parent and child agree in writing; failure triggers filing. Serious or repeat felony‑level matters cannot be handled informally and must go to court.

Stronger cleanup of juvenile court records

Courts destroy most juvenile records each year once a person is 19 and five years have passed since the last hearing. If the offense was reported to DMV, records are destroyed at age 29. Records for acts that would be felonies are kept. If a child is found innocent or the case is dismissed, they can ask the court to destroy all records; the court must grant it unless there is good cause not to. Docket sheets are destroyed six years after the last hearing. At disposition, the court must tell each person about these rights. When records are destroyed, it is as if the violation never happened, and agencies must say no record exists. Records tied to a felony‑level or DMV‑reportable guilty finding are kept for the same period as the main offense.

Remote intake and fewer minor court cases

A child can meet the intake officer by two‑way video or in person. Faxed filings and signatures count as originals. Many minor matters can be handled by summons instead of a delinquency petition, such as traffic, bicycle, fish and game, curfew, animal control, littering, some minor alcohol offenses, and Class 3 or 4 misdemeanors. When handled by summons, the parent or guardian must be notified by mail within five days.

Schools and prosecutors get serious-offense reports

The intake officer must tell the Commonwealth’s attorney when a petition alleges facts that would be a felony for an adult. The officer must also report to the school superintendent when a petition accuses a student of certain serious acts, such as firearm offenses, homicide, felonious assault, sexual assault, Schedule I/II or marijuana drug offenses, arson, burglary, robbery, gang activity, mob violence, abduction, or threats. The report states that a petition was filed and the nature of the alleged offense.

Sponsors & Cosponsors

Sponsor

  • Destiny LeVere Bolling

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 335 • No: 76

House vote 3/12/2026

Senate amendments agreed to by House

Yes: 64 • No: 34

Senate vote 3/11/2026

Courts of Justice Amendment agreed to

Yes: 0 • No: 0

Senate vote 3/11/2026

Passed Senate with amendments Block Vote

Yes: 40 • No: 0

Senate vote 3/11/2026

Reconsideration of Senate passage agreed to by Senate Block Vote

Yes: 40 • No: 0

Senate vote 3/11/2026

Passed Senate with amendments Block Vote

Yes: 39 • No: 0

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: 14 • No: 0

Senate vote 3/2/2026

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

Yes: 15 • No: 0

House vote 2/17/2026

Read third time and passed House

Yes: 63 • No: 33

House vote 2/11/2026

Reported from Courts of Justice with substitute

Yes: 15 • No: 7

House vote 2/6/2026

Subcommittee recommends reporting with substitute

Yes: 8 • No: 2

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0613)

    4/13/2026Governor
  2. Approved by Governor-Chapter 613 (effective 7/1/2026)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (HB438)

    3/31/2026House
  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 (HB438ER)

    3/30/2026House
  8. Enrolled

    3/30/2026House
  9. Signed by President

    3/30/2026Senate
  10. Senate amendments agreed to by House (64-Y 34-N 0-A)

    3/12/2026House
  11. Passed Senate with amendments Block Vote (40-Y 0-N 0-A)

    3/11/2026Senate
  12. Reconsideration of Senate passage agreed to by Senate Block Vote (40-Y 0-N 0-A)

    3/11/2026Senate
  13. Passed Senate with amendments Block Vote (39-Y 0-N 0-A)

    3/11/2026Senate
  14. Courts of Justice Amendment agreed to

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

    3/11/2026Senate
  16. Read third time

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

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

    3/10/2026Senate
  19. Rules suspended

    3/10/2026Senate
  20. Reported from Finance and Appropriations (14-Y 0-N)

    3/9/2026Senate
  21. Fiscal Impact Statement from Department of Planning and Budget (HB438)

    3/4/2026House
  22. Senate committee offered

    3/2/2026Senate
  23. Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (15-Y 0-N)

    3/2/2026Senate
  24. Fiscal Impact Statement from Department of Planning and Budget (HB438)

    2/20/2026House
  25. Referred to Committee for Courts of Justice

    2/18/2026Senate

Bill Text

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