summary
Introduced
01/12/2026
01/12/2026
In Committee
02/18/2026
02/18/2026
Crossed Over
02/16/2026
02/16/2026
Passed
Dead
Introduced Session
2026 Regular Regular Session
Bill Summary
Juvenile intake and petition; informal proceedings. 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 motion of the child or his counsel or 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.
AI Summary
This bill allows courts to send certain juvenile delinquency cases back to the court service unit for informal proceedings, even if the juvenile has previously been involved in the juvenile justice system. Specifically, if a juvenile is accused of a violent juvenile felony or an offense that would be a felony if committed by an adult, and they have either been informally processed before or adjudicated delinquent for a prior felony offense, the court can now, on its own or at the request of an attorney, send the case back for informal proceedings. This is a change from current law, which generally prohibits informal proceedings in such situations. The bill also adds a new section that allows the court to dismiss a delinquency petition before an adjudication hearing and order the court records related to that petition to be expunged, or destroyed, if the case is referred back to the court service unit for informal proceedings.
Committee Categories
Justice
Sponsors (2)
Last Action
Fiscal Impact Statement from Department of Planning and Budget (HB438) (on 02/20/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://lis.virginia.gov/bill-details/20261/HB438 |
| Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB438) | https://lis.blob.core.windows.net/files/1171205.PDF |
| BillText | https://lis.virginia.gov/bill-details/20261/HB438/text/HB438H1 |
| BillText | https://lis.virginia.gov/bill-details/20261/HB438/text/HB438HC2 |
| BillText | https://lis.virginia.gov/bill-details/20261/HB438/text/HB438HC1 |
| Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB438) | https://lis.blob.core.windows.net/files/1102060.PDF |
| BillText | https://lis.virginia.gov/bill-details/20261/HB438/text/HB438 |
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