All Roll Calls
Yes: 210 • No: 41
Sponsored By: Barbara A. Favola (Democratic)
Became Law
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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7 provisions identified: 4 benefits, 0 costs, 3 mixed.
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.
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.
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.
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.
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.
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.
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.
Barbara A. Favola
Democratic • Senate
There are no cosponsors for this bill.
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
Acts of Assembly Chapter text (CHAP0614)
Approved by Governor-Chapter 614 (effective 7/1/2026)
Governor's Action Deadline 11:59 p.m., April 13, 2026
Enrolled Bill communicated to Governor on March 10, 2026
Fiscal Impact Statement from Department of Planning and Budget (SB70)
Fiscal Impact Statement from Department of Planning and Budget (SB70)
Bill text as passed Senate and House (SB70ER)
Enrolled
Signed by President
Signed by Speaker
House substitute with amendment agreed to by Senate
Passed House with substitute with amendment (63-Y 34-N 0-A)
Engrossed by House - committee substitute as amended
Delegate LeVere Bolling Floor amendment agreed to
committee substitute agreed to
Read third time
Fiscal Impact Statement from Department of Planning and Budget (SB70)
Floor Offered
Read second time
Committee substitute printed 26108198D-H1
Reported from Courts of Justice with substitute (15-Y 7-N)
Referred to Committee for Courts of Justice
Read first time
Placed on Calendar
Fiscal Impact Statement from Department of Planning and Budget (SB70)
Chaptered
4/13/2026
Enrolled
2/27/2026
Amendment
2/24/2026
Amendment
2/23/2026
Substitute
2/18/2026
Substitute
1/23/2026
Substitute
1/21/2026
Introduced
12/17/2025
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