HB118
Discovery materials or evidence; accused may request to copy or photograph any materials.
Status:
In Senate
Latest Action:
Feb. 6, 2026
House: Fiscal Impact Statement from Department of Planning and Budget (HB118)
Chief Patron:
Karen Keys-Gamarra (D)
Session:
2026 Regular Session
Summary
As Passed House of Origin. Discovery; methods of delivery.
Requires the Commonwealth, upon request by the accused or his counsel, to provide any discovery materials or evidence the accused is permitted to inspect and review subject to the redaction, restricted dissemination, and protective order provisions of the relevant Rules of the Supreme Court of Virginia, including relevant police reports, ... (More) criminal records, dashboard camera footage, and body-worn camera footage, and allows the accused to copy or photograph such materials or evidence.The bill requires the attorney for the Commonwealth in any district court to provide to counsel of record for the accused, if requested, a copy of any relevant police report at least 10 days prior to the date the case is set for trial or preliminary hearing, and such report is subject to limitations on dissemination. The bill further provides that if such materials are provided to counsel of record for the accused in district court for a preliminary hearing, the circuit court shall order such counsel to provide discovery to the attorney for the Commonwealth subject to the relevant Rules of the Supreme Court of Virginia prior to trial in circuit court.
Lastly, the bill provides that if at any time during the course of the proceedings it is brought to the attention of the court that the attorney for the Commonwealth has failed to comply with such provisions, the court may order the Commonwealth to permit discovery or inspection, grant a continuance, or prohibit the Commonwealth from introducing evidence not disclosed, or the court may enter such other order as it deems just under the circumstances. (Less)
-
Bill History
- 01/02/2026 - House: Prefiled and ordered printed; Offered 01-14-2026 26101890D
- 01/02/2026 - House: Referred to Committee for Courts of Justice
- 01/22/2026 - House: Assigned HCJ sub: Criminal
- 01/22/2026 - House: Placed on Courts of Justice Agenda
- 01/23/2026 - House: House subcommittee offered
- 01/23/2026 - House: Subcommittee recommends reporting with substitute (9-Y 1-N)
- 01/27/2026 - House: Placed on Courts of Justice Agenda
- 01/28/2026 - House: Reported from Courts of Justice with substitute (20-Y 0-N)
- 01/29/2026 - House: Committee substitute printed 26105982D-H1
- 01/30/2026 - House: Read first time
- 02/02/2026 - House: Read second time
- 02/02/2026 - House: committee substitute agreed to
- 02/02/2026 - House: Engrossed by House - committee substitute
- 02/02/2026 - House: Moved from Uncontested Calendar to Regular Calendar
- 02/03/2026 - House: Read third time and passed House (96-Y 2-N 0-A)
- 02/04/2026 - Senate: Constitutional reading dispensed (on 1st reading)
- 02/04/2026 - Senate: Referred to Committee for Courts of Justice
- 02/06/2026 - House: Fiscal Impact Statement from Department of Planning and Budget (HB118)
