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VA HB1413

Bill

Status

Engrossed

2/16/2026

Primary Sponsor

Charlie Schmidt

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Origin

House of Delegates

2026 Regular Regular Session

AI Summary

  • Expands the definition of "technical violations" of probation to include marijuana use (unless specifically prohibited by the court), failure to pay fines/restitution, non-compliance with treatment programs or specialty dockets, monitoring violations, and failure to appear in court

  • Requires courts to treat all technical violations occurring between sentencing or revocation hearings as a single violation, prohibiting separate adjudication of multiple technical violations during one probationary period

  • Prohibits active incarceration for first technical violations and creates a presumption against incarceration for second violations, with a maximum of 14 days allowed for second violations if less restrictive means are insufficient

  • Establishes that defendants held in custody for technical violations eligible for only 14 days incarceration must have cases docketed promptly and be released on bail if not adjudicated within 14 days, with an absolute maximum detention of 30 days

  • Creates a defense to alleged violations if the defendant can demonstrate substantial compliance with probation obligations

Legislative Description

Limitation on sentence upon revocation of suspension of sentence; technical violations.

Last Action

Continued to next session in Courts of Justice (12-Y 3-N)

3/9/2026

Committee Referrals

Courts of Justice2/18/2026
Courts of Justice: Criminal2/7/2026
Courts of Justice1/22/2026

Full Bill Text

No bill text available