Bill
Bill > HB1299
summary
Introduced
01/15/2026
01/15/2026
In Committee
02/13/2026
02/13/2026
Crossed Over
02/11/2026
02/11/2026
Passed
Dead
Introduced Session
Potential new amendment
2026 Regular Regular Session
Bill Summary
Rules of construction; use of "shall." Provides that "shall," as used in the Code of Virginia, establishes a mandatory requirement and is not merely directory, unless the statute explicitly provides otherwise. The bill responds to the holding in Henderson v. Commonwealth, 77 Va. App. 250 (2023), in which the Court of Appeals held that when the General Assembly uses "shall" in a statute commanding action by a public official or public body such usage is directory and not mandatory. The foregoing provisions of the bill do not become effective unless reenacted by the 2027 Session of the General Assembly. The bill requires, effective in due course, the Virginia Code Commission to review the bill's provisions and evaluate the bill's effect on the Code of Virginia and to report its findings and recommendations to the General Assembly no later than December 1, 2026.
AI Summary
This bill clarifies the meaning of the word "shall" when used in the Code of Virginia, which is the official collection of laws for the state. The key provision states that "shall" will now be understood to create a mandatory requirement, meaning something that must be done, and not just a directory instruction, which is a suggestion or guideline, unless the law explicitly says otherwise. This change is a direct response to a court ruling in *Henderson v. Commonwealth* where the Court of Appeals interpreted "shall" as directory rather than mandatory when public officials or bodies were commanded to act, potentially weakening the force of certain laws. The bill also includes a provision that its effectiveness is contingent on being reenacted by the 2027 General Assembly, and it directs the Virginia Code Commission to study the impact of this change on existing laws and report its findings by December 1, 2026.
Committee Categories
Justice
Sponsors (2)
Last Action
Referred to Committee for Courts of Justice (on 02/13/2026)
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/HB1299 |
| BillText | https://lis.virginia.gov/bill-details/20261/HB1299/text/HB1299E |
| Rules Amendment | https://lis.virginia.gov/bill-details/20261/HB1299/text/HB1299AH1 |
| BillText | https://lis.virginia.gov/bill-details/20261/HB1299/text/HB1299 |
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