VirginiaSB242026 Regular SessionSenate

Discovery materials or evidence; accused may request to copy or photograph any materials.

Sponsored By: Jennifer D. Carroll Foy (Democratic)

Signed by Governor

Summary

Discovery; methods of delivery; report. Requires the Commonwealth, upon request by the accused or his counsel, to copy or photograph any discovery materials or evidence the accused is permitted to inspect and review, including relevant police reports, criminal records, dashboard camera footage, and body-worn camera footage, and requires the Commonwealth to provide copies to the accused or his counsel, subject to the redaction, restricted dissemination, and protective order provisions of the relevant Rules of the Supreme Court of Virginia and unless such material is prohibited from being distributed by law. The bill also directs the Department of Criminal Justice Services to evaluate and report, no later than November 1, 2026, the feasibility, costs, and other impacts with requiring the attorney for the Commonwealth to provide counsel of record for the accused a copy of any relevant police report at least 10 days prior to trial or preliminary hearing.

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Bill Overview

Analyzed Economic Effects

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

Evidence access and sharing duties for defendants

Virginia prosecutors must give defense lawyers copies of required evidence in circuit-court felony cases, unless distribution is barred by law. After a Rule 3A:11 discovery order, defendants can request copies or photographs of evidence they may inspect. This applies to circuit-court felonies and misdemeanors charged by direct indictment, including police reports, criminal records, and dashboard- or body-camera footage. Copies go to defense lawyers, with redactions, sharing limits, and protective orders still allowed. In district-court cases handled by prosecutors, requested relevant police reports must arrive at least 10 days before trial or preliminary hearing. Only defense lawyers, their agents or employees, and expert witnesses may receive these reports; lawyers may explain them to defendants. After a district-court preliminary hearing, the circuit court must order defense lawyers to share required evidence with prosecutors before felony trial. Prosecutors must keep providing previously requested evidence found before or during trial in circuit-court felonies and directly indicted misdemeanors. Discovery duties also apply under Rule 7C:5 to misdemeanors retried in circuit court. For violations, courts can order access, delay proceedings, bar undisclosed evidence, or issue another fair order.

Sponsors & Cosponsors

Sponsor

  • Jennifer D. Carroll Foy

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 489 • No: 9

Senate vote • 4/22/2026

Senate concurred in Governor's recommendation

Yes: 38 • No: 1

House vote • 4/22/2026

House concurred in Governor's recommendation

Yes: 87 • No: 8

House vote • 3/4/2026

Passed House Block Vote

Yes: 99 • No: 0

House vote • 3/4/2026

Passed House Block Vote

Yes: 97 • No: 0

House vote • 3/2/2026

Reported from Courts of Justice with substitute

Yes: 22 • No: 0

Senate vote • 2/13/2026

Read third time and passed Senate Block Vote

Yes: 38 • No: 0

Senate vote • 2/13/2026

Courts of Justice Substitute rejected

Yes: 0 • No: 0

Senate vote • 2/13/2026

Finance and Appropriations Substitute agreed to

Yes: 0 • No: 0

Senate vote • 2/13/2026

Constitutional reading dispensed Block Vote (on 3rd reading)

Yes: 38 • No: 0

Senate vote • 2/12/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/12/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote • 2/11/2026

Reported from Finance and Appropriations with substitute

Yes: 15 • No: 0

Senate vote • 2/4/2026

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

Yes: 15 • No: 0

Actions Timeline

  1. House concurred in Governor's recommendation (87-Y 8-N 0-A)

    4/22/2026House
  2. Senate concurred in Governor's recommendation (38-Y 1-N 0-A)

    4/22/2026Senate
  3. Acts of Assembly Chapter text (CHAP0982)

    4/22/2026Governor
  4. Reenrolled bill text (SB24ER2)

    4/22/2026Senate
  5. Reenrolled

    4/22/2026Senate
  6. Approved by Governor-Chapter 982 (effective 7/1/2026)

    4/22/2026Governor
  7. Signed by President

    4/22/2026Senate
  8. Signed by Speaker

    4/22/2026House
  9. Governor's recommendation adopted

    4/22/2026Governor
  10. Governor's recommendation received by Senate

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

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

    3/14/2026Senate
  13. Fiscal Impact Statement from Department of Planning and Budget (SB24)

    3/11/2026Senate
  14. Bill text as passed Senate and House (SB24ER)

    3/10/2026Senate
  15. Enrolled

    3/10/2026Senate
  16. Signed by President

    3/10/2026Senate
  17. Signed by Speaker

    3/10/2026House
  18. Passed House Block Vote (99-Y 0-N 0-A)

    3/4/2026House
  19. Reconsideration of passage agreed to by House

    3/4/2026House
  20. Passed House Block Vote (97-Y 0-N 0-A)

    3/4/2026House
  21. committee substitute rejected

    3/4/2026House
  22. Committee substitute reconsidered

    3/4/2026House
  23. committee substitute agreed to

    3/4/2026House
  24. Read third time

    3/4/2026House
  25. Fiscal Impact Statement from Department of Planning and Budget (SB24)

    3/4/2026Senate

Bill Text

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