VirginiaSB702026 Regular SessionSenate

Delinquency petition; referral to court service unit.

Sponsored By: Barbara A. Favola (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. As introduced, this bill was a recommendation of the Virginia Commission on Youth. This bill is identical to HB 438.

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Bill Overview

Analyzed Economic Effects

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

Diversion options and court record clearing for kids

During informal intake, an officer may refer a child to youth diversion for an alleged adult-level felony or Class 1 misdemeanor. Referral requires parent or legal guardian consent and depends on local resources and the complaint's circumstances. Before the adjudication hearing begins, the court may grant a child's request for informal proceedings through the court service unit. The prosecutor must consent if participating as a party; upon referral, the court must dismiss the petition and expunge its records. Court service unit records from informal intake or diversion do not have to be destroyed.

Required court filings for repeat juvenile felonies

The law requires a court petition for a child's felony-level delinquency allegation after a prior felony-level case. The prior case must have involved informal intake proceedings or a court finding of delinquency. Felony-level means the offense counts as a felony when committed by an adult. This limits informal handling at intake for these repeat allegations.

Sponsors & Cosponsors

Sponsor

  • Barbara A. Favola

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 210 • No: 41

Senate vote • 2/25/2026

House substitute with amendment agreed to by Senate

Yes: 39 • No: 0

House vote • 2/23/2026

Passed House with substitute with amendment

Yes: 63 • No: 34

House vote • 2/18/2026

Reported from Courts of Justice with substitute

Yes: 15 • No: 7

Senate vote • 1/27/2026

Read third time and passed Senate Block Vote

Yes: 39 • No: 0

Senate vote • 1/26/2026

Engrossed by Senate Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 1/26/2026

Courts of Justice Substitute agreed to

Yes: 0 • No: 0

Senate vote • 1/23/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 1/23/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0

Senate vote • 1/21/2026

Reported from Courts of Justice with substitute

Yes: 15 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0614)

    4/13/2026Governor
  2. Approved by Governor-Chapter 614 (effective 7/1/2026)

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

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB70)

    3/4/2026Senate
  6. Fiscal Impact Statement from Department of Planning and Budget (SB70)

    2/27/2026Senate
  7. Bill text as passed Senate and House (SB70ER)

    2/27/2026Senate
  8. Enrolled

    2/27/2026Senate
  9. Signed by President

    2/27/2026Senate
  10. Signed by Speaker

    2/27/2026House
  11. House substitute with amendment agreed to by Senate

    2/25/2026Senate
  12. Passed House with substitute with amendment (63-Y 34-N 0-A)

    2/23/2026House
  13. Engrossed by House - committee substitute as amended

    2/23/2026House
  14. Delegate LeVere Bolling Floor amendment agreed to

    2/23/2026House
  15. committee substitute agreed to

    2/23/2026House
  16. Read third time

    2/23/2026House
  17. Fiscal Impact Statement from Department of Planning and Budget (SB70)

    2/23/2026Senate
  18. Floor Offered

    2/23/2026House
  19. Read second time

    2/20/2026House
  20. Committee substitute printed 26108198D-H1

    2/18/2026House
  21. Reported from Courts of Justice with substitute (15-Y 7-N)

    2/18/2026House
  22. Referred to Committee for Courts of Justice

    2/3/2026House
  23. Read first time

    2/3/2026House
  24. Placed on Calendar

    2/3/2026House
  25. Fiscal Impact Statement from Department of Planning and Budget (SB70)

    1/28/2026Senate

Bill Text

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