VirginiaSB702026 Regular SessionSenateWALLET

Delinquency petition; referral to court service unit.

Sponsored By: Barbara A. Favola (Democratic)

Became Law

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

7 provisions identified: 4 benefits, 0 costs, 3 mixed.

Juvenile records cleared on set timelines

The law sets clear dates to destroy juvenile court records. Clerks destroy records on January 2 each year when the person is at least 19 and five years have passed since the last hearing. If the case was reported to DMV, records are destroyed at age 29. Records for acts that would be felonies stay on file, and any tied minor offenses are kept just as long. Docket sheets are destroyed six years after the last hearing on them. When records are destroyed, it is treated like the violation never happened, and agencies must say no record exists. If you were found innocent or your case was dismissed, you can ask the court to destroy the records. At your dispositional hearing, the court must tell you about these record‑destruction rights.

Charges can return to intake before court

Before an adjudication hearing starts, the court can send a delinquency charge back to the court service unit if the child asks and the prosecutor agrees. The court must then dismiss the petition and order the court records destroyed. The court notifies the prosecutor and sends the destruction order to all record holders, who must comply. This does not force the court service unit to destroy its own informal intake or diversion notes.

Easier child support and family court filings

Designated nonlawyer social services staff can file key family forms on court‑approved templates. You do not have to get Department of Social Services help before filing for child support. The clerk asks if you get child support services or public assistance and, if so, sends your papers and court date to Child Support Enforcement. If you seek child support, intake gives you information about possible medical coverage like FAMIS. Intake must accept filings for custody, visitation, support, desertion, treatment rights, and certain protective orders involving a juvenile, and must give written protective‑order instructions. Abuse or neglect complaints must go first to the local social services department. Attorneys can file for clients, but not to accuse a child of being in need of services, in need of supervision, or delinquent.

Schools told about serious student charges

When a petition names a student for certain serious crimes, the intake officer must tell the school superintendent. Examples include firearms, homicide, sexual assault, robbery, some drug crimes, gang activity, arson, burglary, abduction, and threats. This notice does not allow the officer to refuse the filing and is limited by juvenile‑record privacy rules.

More informal fixes before juvenile court

Court service units can try to solve some cases informally or let a complainant file when there is probable cause. When using informal steps, the intake officer must make a plan, keep a record, and warn that new complaints or plan failures in 180 days can lead to a petition. Before filing a case that a child needs supervision, the officer must first send the family to community services and wait for a reasonable effort. A child can meet intake by two‑way video if the system meets state standards. For certain low‑level offenses, officers may use a summons instead of filing a petition. But for violent juvenile felonies, or when the child has a prior felony‑level record, the officer must file a petition.

Truancy handled with written plans first

For truancy, the intake officer may delay filing and create a truancy plan when the school followed attendance steps. This is allowed only if the child has no more than two prior attendance actions, the last was at least three years ago, and the parent and child agree in writing. The plan can require programs and may use an interagency team.

New safeguards in juvenile charging process

If intake refuses a Class 1 misdemeanor or felony petition only for lack of probable cause, the complainant gets written notice and has 10 days to ask a magistrate for a warrant. If the magistrate finds probable cause, a warrant issues and intake must file a petition. When a petition alleges facts that would be a felony, the intake officer must tell the Commonwealth’s attorney.

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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