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Criminal Subcommittee

Friday, February 6, 2026·3h 48m·▶ Watch / Listen

Virginia's Criminal Subcommittee advanced, carried over, tabled, or stricken eleven bills spanning juvenile diversion, drone surveillance, drug residue reclassification, mental health evidence, nitrous oxide regulation, and VASAP restructuring — with contested votes on juvenile diversion (8-2), mental health evidence (7-3), drug residue (8-2), and a warrant-vs-summons bill tabled 7-3.

Key Actions

·HB 240 – Bail Hearings; Mental Health Order ReviewNo Vote

+ 8 more actions

Controversies

HB 1027 – Whether the cyber vigilante exception blows a hole in the online solicitation statute

Delegate Schmidt argued the bill gives 'people a pass that are forming the criminal intent, going through the motions of soliciting and just because it is not who that person thinks it is, we're giving them a pass.' Counsel and patron Delegate Walker maintained that subsection F defines who the accused must be communicating with rather than creating an exemption, but Chair Watts stated the language 'sends a confusing message' and Delegate Williams concluded 'this bill doesn't do it,' moving to carry over.

+ 3 more controversies

Notable Quotes

“We are blowing a hole in the statute by giving people a pass that are forming the criminal intent, going through the motions of soliciting and just because it is not who that person thinks it is, we're giving them a pass.”

Delegate Schmidt (committee member, opposing HB 1027) — Delegate Schmidt argued that a substitute for HB 1027 — intended to stop cyber vigilante sting operations by limiting the online solicitation statute to real children, undercover officers, or protective parents — would inadvertently shield genuine predators from prosecution.

+ 2 more quotes

Votes

Report HB 438 with substitutePassed
Table HB 718 (warrant vs. summons bill)Passed
Report and refer HB 1464 as amended to AppropriationsPassed
Report and refer HB 1411 with substitute to AppropriationsPassed
Report HB 637 with substitutePassed
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TranscriptPreview
The meeting of the criminal law subcommittee will start at about. In about 45 minutes. At 2:45 due to a conflict with Appropriations. So. Sorry, that. But we'll say a time. Certain cross fingers. 2:45. OK. The meeting of the criminal Law subcommittee of the House Courts Committee will come to order. Clerk, please. Please open the roll. Members, indicate your attendance. Okay, we have a quorum. Because of the way in which this meeting's gotten delayed, I'm going to call bills in the order in this way. What's on the docket, in that order, of the people of the patrons who are not on the committee. So the first one then is HB 240. Gardner. Delegate Gardner. Good afternoon, Madam Chair, Members of the committee. I have HB240. This is a bill that we kind of went over briefly in a previous subcommittee and tried to do some amendments to work on the fix. We still have amendments. So do I need to move the amendment? Move the amendments. Any discussion? All those in favor say aye. Opposed? They are before us. Okay. Madam Chair, do you want me to just go over the bill again? Totally happy to.…
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