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Virginia bills · 2026 Regular Session

Virginia SB 23

Plea agreements and court orders; prohibited provisions.

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

Sponsors

Summary

Official abstract published by the Virginia legislature· SUMMARY AS PASSED

Plea agreements and court orders; prohibited provisions. Prohibits plea agreements and court orders executed or entered on or after July 1, 2026, from containing any provision that purports to waive, release, or extinguish a defendant's (i) rights under the Fourth Amendment to the Constitution of the United States and Article I, Section 10 of the Constitution of Virginia; (ii) right to file a petition requesting expungement of the police records and the court records; or (iii) right to have criminal history record information and court records sealed. The bill provides that any such prohibited provision of a plea agreement or court order is void and unenforceable as against public policy.The bill provides that such prohibition does not apply to any plea agreements, written agreements, or court orders entered into by a defendant and the Commonwealth in certain cases.The bill further provides that any waiver, release, or extinguishment of rights under the Fourth Amendment permissible by law shall be no longer than the period of supervised probation imposed against the defendant; if the defendant is not placed on supervised probation, it shall be no longer than five years.

Text versions

Roll-call votes

State vote data last updated Oct 15, 2026, 8:04 PM.

DateVoteResultYour legislators
Mar 4, 2026
House
H VOTE:passSet your home in Virginia to see
Mar 2, 2026
House
Reported from Courts of JusticepassSet your home in Virginia to see
Feb 20, 2026
House
Subcommittee recommends reportingpassSet your home in Virginia to see
Feb 12, 2026
Senate
Passage RpassSet your home in Virginia to see
Feb 10, 2026
Senate
Constitutional reading dispensed RpassSet your home in Virginia to see
Feb 9, 2026
Senate
Reported from Courts of Justice with amendmentspassSet your home in Virginia to see

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