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Virginia bills · 2026 Regular Session

Virginia HB 438

Delinquency petition; referral to court service unit.

  1. Introduced
  2. In committee
  3. Passed House
  4. Passed Senate
  5. To Governor
  6. Became law

Sponsors

Cosponsors (1)

Summary

Official abstract published by the Virginia legislature· SUMMARY AS PASSED

Delinquency petition; referral to court service unit. 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 request of the child with consent of 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. This bill is identical to SB 70.

Text versions

Roll-call votes

State vote data last updated Oct 15, 2026, 8:06 AM.

DateVoteResultYour legislators
Mar 12, 2026
House
H VOTE:passSet your home in Virginia to see
Mar 11, 2026
Senate
Passage RpassSet your home in Virginia to see
Mar 11, 2026
Senate
Reconsider RpassSet your home in Virginia to see
Mar 11, 2026
Senate
Passage RpassSet your home in Virginia to see
Mar 10, 2026
Senate
Constitutional reading dispensed (on 2nd reading)passSet your home in Virginia to see
Mar 9, 2026
Senate
Reported from Finance and AppropriationspassSet your home in Virginia to see
Mar 2, 2026
Senate
Reported from Courts of Justice with amendmentspassSet your home in Virginia to see
Feb 17, 2026
House
H VOTE:passSet your home in Virginia to see
Feb 11, 2026
House
Reported from Courts of Justice with substitutepassSet your home in Virginia to see
Feb 6, 2026
House
Subcommittee recommends reporting with substitutepassSet your home in Virginia to see

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