Criminal Subcommittee

Wednesday, February 4, 2026·1h 18m·▶ Watch / Listen

The Criminal Law Subcommittee advanced eight bills, including a controversial measure to bifurcate prior conviction evidence away from juries (HB 1070, passing 7-3 over Commonwealth's Attorney opposition) and a DUI ignition interlock reform (HB 561, passing 9-0), while sending three bills by for the day and incorporating two others into companion legislation.

Key Actions

·HB 637 – Possession of item containing controlled substance residueNo Vote

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Controversies

HB 1070 – Virginia constitutional challenge and separation of powers (prior conviction bifurcation)

Bethany Harrison, VACA, argued subsection A of HB 1070 requires the Commonwealth to accept a bench trial when proving a prior conviction, potentially violating separation of powers and the Virginia Constitution's Article 1, Section 8, which requires all three parties — the defendant, the court, and the Commonwealth — to waive a jury trial. Counsel for the bill responded that the Virginia constitutional concern would only be implicated by subsection A, characterized it as really just a procedural issue that the judge has the ability to determine, and argued it does not in any way prevent the other evidence from going to the jury.

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Notable Quotes

“When Virginia still had a felony petty larceny law, I always asked the following questions during voir Dear show of Hands, Would you be more likely to convict if you learned my client had a prior theft conviction? A couple of hands would go up. Then I'd ask, what about two prior convictions? A Few more hands would go up. And then finally I'd ask, what if you learned it wasn't just one or two, but five prior theft convictions? Almost every single hand would go up.”
Brad Haywood [spelling unclear], Justice Forward Virginia — Haywood offered this example from his own courtroom experience to illustrate the juror bias problem that HB 1070 seeks to address by allowing prior convictions to be presented to a judge rather than a jury when used as an element of an offense.

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Votes

Incorporate HB 687 into HB 1029Passed

HB 687 / HB 1029 go by for the dayPassed

HB 637 go by for the dayPassed

HB 862 go by for the dayPassed

Incorporate HB 1028 into HB 690Passed

Report HB 1070 with substitutePassed

Report HB 690 with substitutePassed

Adopt substitute for HB 150Passed

Report HB 150No Vote

Adopt line amendment to HB 561Passed

Report HB 561 as amendedPassed

Adopt substitute for HB 441Passed

Report HB 441 with substitutePassed

AdjournPassed

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TranscriptPreview

Thank you. The meeting of Criminal law subcommittee of the House Courts Committee will come to order. Clerk, please open the roll. Members, indicate your attendance, your presence. And we have a quorum. Now, there's been. It's a moving docket. Even though this is getting now the clock is ticking towards the end of the session. I'm such a good chair that I'm going to allow all of these requests to go forward. The first one is. And on this one I would however, a motion to incorporate will be an order before. Before we take it by for the day. I think that's appropriate parliamentary sequence, and that is HB687 will be incorporated. I have a motion is in order to incorporate it into HB 1029. Madam Chair, that's a voice vote. I'll move to incorporate HB687 into HB10. Second and with that there is a quest the request to go by for the day. Do I hear a motion? Voice vote. Second the next request is for. HB637 to go by for the day. Second and the next request is HB 862 by for the day. On all of those. I should have said all those in favor…

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