VirginiaSB242026 Regular SessionSenate

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

Sponsored By: Jennifer D. Carroll Foy (Democratic)

Became Law

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

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

Judges can fix discovery violations

If prosecutors do not follow these discovery rules and the court is told during the case, the judge can order discovery or inspection. The judge can grant more time or block undisclosed evidence. The judge may issue other fair orders.

Defendants can get copies of evidence

In circuit court, prosecutors must give your lawyer copies of discovery your lawyer requests under Rule 3A:11, unless a law forbids sharing. This duty continues if new evidence turns up before or during trial. After a discovery order, you can ask to copy or photograph what you may review, including police reports, criminal records, dash cam, and body camera video. Copies go to your lawyer and can be redacted or limited by a protective order. This applies to felonies and misdemeanors by direct indictment; de novo misdemeanors in circuit court follow Rule 7C:5.

Police reports to defense before court

In district court cases prosecuted by the Commonwealth, your lawyer can request the police report. The prosecutor must give a copy at least 10 days before the trial or preliminary hearing date. The report may go only to your lawyer, their staff, or expert witnesses, and cannot be shared more widely. Your lawyer may tell you what it says. If you request discovery for a preliminary hearing and the case proceeds to circuit court on a felony, the circuit court orders the defense to give discovery to the Commonwealth under Rule 3A:11 before trial.

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

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 87 • No: 8

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 38 • No: 1

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

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 2/13/2026

Read third time and passed Senate Block Vote

Yes: 38 • No: 0

Senate vote 2/12/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote 2/12/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • 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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