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VA SB748

VA SB748
Human trafficking; issuance of vacatur for victims, definitions.


summary

Introduced
01/19/2026
In Committee
03/02/2026
Crossed Over
03/04/2026
Passed
Dead

Introduced Session

Potential new amendment
2026 Regular Regular Session

Bill Summary

Issuance of vacatur for victims of human trafficking. Expands the current process for the issuance of writs of vacatur for victims of human trafficking to include ancillary matters, defined in the bill, and any charge or arrest related to a qualifying offense as defined in current law. The bill also expands the list of qualifying offenses eligible for such writ.

AI Summary

This bill expands the process for victims of human trafficking to have their criminal records cleared, a process known as a "writ of vacatur." It broadens the definition of "ancillary matter" to include violations of probation or parole, contempt of court charges, failure to appear charges, and appeals related to bail or bond orders, all of which can now be vacated if they are connected to a qualifying offense. The bill also revises the definition of "qualifying offense" to include any felony that is not a violent felony, any misdemeanor, or specifically identified ancillary matters, rather than just specific convictions. Additionally, it clarifies that "official documentation" can be used to establish a victim's status and creates a rebuttable presumption that a person's involvement in an offense was due to being a victim of human trafficking if such documentation exists. The bill also allows for the vacatur of charges and arrests, not just convictions, and ensures that victims are discharged from any restitution obligations related to vacated offenses.

Committee Categories

Justice

Sponsors (1)

Last Action

Passed House (99-Y 0-N 0-A) (on 03/04/2026)

bill text


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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20261/SB748
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB748) https://lis.blob.core.windows.net/files/1171822.PDF
BillText https://lis.virginia.gov/bill-details/20261/SB748/text/SB748E
Courts of Justice Amendment https://lis.virginia.gov/bill-details/20261/SB748/text/SB748AS1
Courts of Justice Amendment https://lis.virginia.gov/bill-details/20261/SB748/text/SB748ASC1
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB748) https://lis.blob.core.windows.net/files/1134075.PDF
BillText https://lis.virginia.gov/bill-details/20261/SB748/text/SB748
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