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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.
Introduced
Jan 12, 2026
Last Action
Mar 12, 2026
Session
VA 2026
Sponsors
1 primary · 1 co
Senate amendments agreed to by House (64-Y 34-N 0-A)
Passed Senate with amendments Block Vote (40-Y 0-N 0-A)
Read third time
Passed Senate with amendments Block Vote (39-Y 0-N 0-A)
Engrossed by Senate as amended
Courts of Justice Amendment agreed to
Reconsideration of Senate passage agreed to by Senate Block Vote (40-Y 0-N 0-A)
Constitutional reading dispensed (on 2nd reading) (37-Y 0-N 0-A)
Passed by for the day (Voice Vote)
Rules suspended
Reported from Finance and Appropriations (14-Y 0-N)
Fiscal Impact Statement from Department of Planning and Budget (HB438)
Senate committee offered
Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (15-Y 0-N)
Fiscal Impact Statement from Department of Planning and Budget (HB438)
Constitutional reading dispensed (on 1st reading)
Referred to Committee for Courts of Justice
Read third time and passed House (63-Y 33-N 0-A)
Engrossed by House - committee substitute
committee substitute agreed to
Read second time
Read first time
Committee substitute printed 26106927D-H1
Reported from Courts of Justice with substitute (15-Y 7-N)
Subcommittee recommends reporting with substitute (8-Y 2-N)
House subcommittee offered
Assigned HCJ sub: Criminal
Fiscal Impact Statement from Department of Planning and Budget (HB438)
Referred to Committee for Courts of Justice
Prefiled and ordered printed; Offered 01-14-2026 26103735D
Get a plain-English explanation of what this bill does, who it affects, and why it matters.
Senate amendments agreed to by House (64-Y 34-N 0-A)
Amy J. Laufer