VirginiaSB182026 Regular SessionSenate

Children; adjudication of delinquency, orders of disposition.

Sponsored By: Mamie E. Locke (Democratic)

Signed by Governor

Summary

Children; adjudication of delinquency. Specifies that "delinquent child" means a child 11 years of age or older who has committed a delinquent act. Currently, there is no minimum age for a child to be adjudicated delinquent. The bill provides that if a child younger than 11 years of age is found to have committed an act that would be delinquent if committed by a child 11 years of age or older, the child shall not be proceeded upon as delinquent and the court shall (i) dismiss any petition alleging such child has committed an act that would be delinquent if committed by a child 11 years of age or older and (ii) order that the court records pertaining to such petition be expunged pursuant to relevant law. The bill allows the attorney for the Commonwealth to file a petition alleging that such child is in need of services and if such child is found to be in need of services, the court may make any orders of disposition authorized under relevant law. The bill also provides that any funding that is available to provide services to a child 11 years of age or older who is proceeded upon as delinquent shall also be made available to a child younger than 11 years of age who is found to have committed an act that would be delinquent if committed by a child 11 years of age or older in order to provide such child with the same services. The bill includes in the definition of "child in need of services" a child younger than 11 years of age who has committed an act that would be delinquent if committed by a child 11 years of age or older.The bill adds that a child may be taken into immediate custody when such child is alleged to be in need of services or supervision and there is a clear and substantial danger to the safety of the child's family or the safety of the public. Currently, a child may be taken into immediate custody when such child is alleged to be in need of services or supervision and there is a clear and substantial danger to the child's life or health. Finally, the bill includes in the offense of causing or encouraging acts rendering children delinquent, abused, etc., any person 18 years of age or older, including the parent of any child, who willfully contributes to, encourages, or causes any act, omission, or condition that (a) causes a child younger than 11 years of age to commit an act that would be delinquent if committed by a child 11 years of age or older or (b) causes any child to participate in or become a member of a criminal street gang in violation of existing law. Under the bill, any person who commits such offense is guilty of a Class 1 misdemeanor.

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Bill Overview

Analyzed Economic Effects

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

Children under 11 get protection and services

Children under 11 cannot face delinquency cases for acts that count as delinquent at age 11 or older. Courts must dismiss these petitions and erase related court records. Prosecutors can instead seek court-ordered services when the conduct poses a clear and substantial danger to someone's life or health. The child or family must need treatment, rehabilitation, or services they are not getting, and court help must be essential. Younger children found to have committed such acts must have access to service funding available for older children facing delinquency cases; no funding amount is guaranteed.

Juveniles owe restitution; victims gain repayment

Juveniles age 11 or older found delinquent of offenses listed in § 16.1-278.8(B) must make at least partial restitution or reparation. This also applies to local ordinance violations adopted under § 15.2-1812.2. Repayment covers property damage or loss, or the victim's actual medical expenses. Courts must also require participation in a community service project. The law sets no payment amount or required service hours.

Adults face penalties for encouraging child offenses

Adults age 18 or older, including parents, face expanded Class 1 misdemeanor liability for influencing children under 11. The penalty covers willfully contributing to, encouraging, or causing conduct that leads a younger child to commit a qualifying act. That act must count as delinquent when committed by a child age 11 or older.

Police gain custody powers for certain children

Police can take a child into immediate custody for three misdemeanor offenses without witnessing the alleged offense. These are shoplifting, assault and battery, and carrying a weapon on school property. The officer must have probable cause based on a reasonable complaint from someone who saw the alleged offense.

Sponsors & Cosponsors

Sponsor

  • Mamie E. Locke

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 195 • No: 71

Senate vote • 3/6/2026

House Amendments agreed to by Senate

Yes: 23 • No: 17

House vote • 3/4/2026

Passed House with amendments

Yes: 65 • No: 34

House vote • 3/2/2026

Reported from Courts of Justice with amendment(s)

Yes: 16 • No: 6

House vote • 2/18/2026

Subcommittee recommends reporting with amendment(s)

Yes: 8 • No: 2

Senate vote • 1/22/2026

Read third time and passed Senate

Yes: 29 • No: 11

Senate vote • 1/21/2026

Engrossed by Senate as amended (Voice Vote)

Yes: 0 • No: 0

Senate vote • 1/21/2026

Courts of Justice Amendment agreed to

Yes: 0 • No: 0

Senate vote • 1/20/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 1/20/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote • 1/19/2026

Reported from Courts of Justice with amendment

Yes: 14 • No: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0873)

    4/13/2026Governor
  2. Approved by Governor-Chapter 873 (effective 7/1/2026)

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

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB18)

    3/13/2026Senate
  6. Bill text as passed Senate and House (SB18ER)

    3/12/2026Senate
  7. Enrolled

    3/12/2026Senate
  8. Signed by President

    3/12/2026Senate
  9. Signed by Speaker

    3/12/2026House
  10. House Amendments agreed to by Senate (23-Y 17-N 0-A)

    3/6/2026Senate
  11. Passed House with amendments (65-Y 34-N 0-A)

    3/4/2026House
  12. Engrossed by House as amended

    3/4/2026House
  13. committee amendments agreed to

    3/4/2026House
  14. Read third time

    3/4/2026House
  15. Read second time

    3/3/2026House
  16. Reported from Courts of Justice with amendment(s) (16-Y 6-N)

    3/2/2026House
  17. Subcommittee recommends reporting with amendment(s) (8-Y 2-N)

    2/18/2026House
  18. Assigned HCJ sub: Criminal

    2/17/2026House
  19. Referred to Committee for Courts of Justice

    2/3/2026House
  20. Read first time

    2/3/2026House
  21. Placed on Calendar

    2/3/2026House
  22. Fiscal Impact Statement from Department of Planning and Budget (SB18)

    1/23/2026Senate
  23. Read third time and passed Senate (29-Y 11-N 0-A)

    1/22/2026Senate
  24. Engrossed by Senate as amended (Voice Vote)

    1/21/2026Senate
  25. Courts of Justice Amendment agreed to

    1/21/2026Senate

Bill Text

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