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HB438

Delinquency petition; referral to court service unit.

Status:
In Senate

Latest Action: Feb. 20, 2026
House: Fiscal Impact Statement from Department of Planning and Budget (HB438)

Chief Patron:
Destiny LeVere Bolling (D)

Session:
2026 Regular Session

Summary

As Passed House of Origin. 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. (Less)
  • Bill History

  • 01/12/2026 - House: Prefiled and ordered printed; Offered 01-14-2026 26103735D
  • 01/12/2026 - House: Referred to Committee for Courts of Justice
  • 01/29/2026 - House: Fiscal Impact Statement from Department of Planning and Budget (HB438)
  • 02/03/2026 - House: Assigned HCJ sub: Criminal
  • 02/05/2026 - House: Placed on Courts of Justice Agenda
  • 02/06/2026 - House: House subcommittee offered
  • 02/06/2026 - House: Subcommittee recommends reporting with substitute (8-Y 2-N)
  • 02/10/2026 - House: Placed on Courts of Justice Agenda
  • 02/11/2026 - House: Reported from Courts of Justice with substitute (15-Y 7-N)
  • 02/11/2026 - House: Committee substitute printed 26106927D-H1
  • 02/13/2026 - House: Read first time
  • 02/16/2026 - House: Read second time
  • 02/16/2026 - House: committee substitute agreed to
  • 02/16/2026 - House: Engrossed by House - committee substitute
  • 02/17/2026 - House: Read third time and passed House (63-Y 33-N 0-A)   Close Floor Vote
  • 02/18/2026 - Senate: Constitutional reading dispensed (on 1st reading)
  • 02/18/2026 - Senate: Referred to Committee for Courts of Justice
  • 02/20/2026 - House: Fiscal Impact Statement from Department of Planning and Budget (HB438)

Full text and vote history:

Virginia Legislative Information System

RichmondSunlight.com


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