VirginiaHB4382026 Regular SessionHouse

Delinquency petition; referral to court service unit.

Sponsored By: Destiny LeVere Bolling (Democratic)

Signed by Governor

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

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

Youth can request dismissal through intake referral

Before the hearing to decide a delinquency charge begins, a child can ask the court to return it to intake. The court may approve; the Commonwealth's attorney must agree if that attorney is a party to the case. After referral, the court must dismiss the petition and order its court records destroyed. Records created or kept by the court service unit during informal intake or diversion do not have to be destroyed.

More informal options for youth, with limits

Virginia court intake officers can handle some youth complaints without filing a court petition. A past informal proceeding alone no longer blocks this option. Informal handling is barred for violent juvenile felony allegations or prior findings involving acts that are felonies for adults. Informal plans can include youth diversion when the alleged act is a felony or Class 1 misdemeanor for adults. A parent or legal guardian must agree to that referral.

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

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 • 3/11/2026

Passed Senate with amendments Block Vote

Yes: 40 • No: 0

Senate vote • 3/11/2026

Courts of Justice Amendment agreed to

Yes: 0 • 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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