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Criminal Subcommittee

Monday, February 2, 2026·1h 46m·▶ Watch / Listen

The Criminal Subcommittee advanced seven bills to Appropriations — including measures adding Court of Appeals judges, establishing a statewide court date reminder program, and creating an affirmative defense for people with mental illness or developmental disabilities charged with felonious assault — while tabling a kratom bill, deferring a nitrous oxide bill for further drafting, and sending a bail/mental health bill back for language cleanup.

Key Actions

·HB 240 – Bail; mental health considerations (Charles Byers case)Passed

+ 7 more actions

Controversies

HB 240 – Whether TDO and criminal bail setting are legally distinct intervention points

Maze Yoste of Legal Aid Justice Center argued that the magistrate setting bond on a criminal charge and the TDO meant to keep a person hospitalized 'are not the same' and involve different custodial entities, and that the bill 'confuses those in a way that could create some unintended consequences.' Delegate Gardner countered that the magistrate's lack of knowledge of the active TDO was the direct cause of Charles Byers being released and subsequently killed, and that 'possibly closing this loophole and requiring this information to be provided may prevent another family from experiencing this.' Yoste also raised concern that requiring judicial officers to attempt to obtain additional records could cause delays in setting bond across all cases.

+ 3 more controversies

Notable Quotes

“My husband and I believe with our whole heart that had the magistrate known that he was under a tdo, Charlie would be alive today and have received the treatment that he's desperately needed. So we urge you to please support, support this bill so that no other family has to endure the tragedy of losing a loved one in such a senseless way it could have been prevented.”

Peggy Byers — Peggy Byers testified in favor of HB 240, which would require law enforcement to inform magistrates of active TDOs when setting bail. Her son Charles Byers had an active TDO when a magistrate unaware of that order released him from jail; he was shot and killed by a Chesterfield police officer two days later during a mental health crisis.

+ 2 more quotes

Votes

Motion to table HB 875 (Kratom)Passed
Motion to report and refer HB 443 substitute to AppropriationsPassed
Motion to report and refer HB 1485 as amended to AppropriationsPassed
Motion to report and refer HB 885 substitute as amended to AppropriationsPassed
Motion to report and refer HB 520 with substitutePassed
Motion to report and refer HB 246 to AppropriationsNo Vote
Motion to report HB 247 as amended and refer to AppropriationsPassed
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TranscriptPreview
It's. I turned on my microphone. I want you all to know that the House Court Subcommittee on Criminal Law will come to order. Clerk, please open the roll. Members, indicate your presence. Okay, we have a quorum. In fact, we have everyone. Thank you. Excuse me. For the audience who isn't normally here, I have a problem on turning on my microphone at the beginning of the meeting. And I thought I was doing it, but. Excuse me. Now back to the docket that you have before us. There have been several bills that will go by for the day. This is a time in the General assembly when people are working hard to get things in the proper order. The following bills will not be heard today. HB441, delegate Hope, HB1105 Kilgore, and HB14 11 Schmidt. Do I have it all? I think. All right. And then it is also in order, based on our meetings before. A motion would be in order to table HB875, which puts it in the right posture should the full committee decide to move it to General Laws. This has to do with Kratom. A motion to table HB 875. It's been…
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