HB1299Introduced in the House of Delegates
Rules of construction; use of "shall," effective clause, report.
Introduced by Karrie Delaney, District 9
What does this bill do?
Plain-English breakdown
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Official description
Rules of construction; use of "shall." Provides that "shall," as used in the Code of Virginia, establishes a mandatory requirement and is not merely directory, unless the statute explicitly provides otherwise. The bill responds to the holding in Henderson v. Commonwealth, 77 Va. App. 250 (2023), in which the Court of Appeals held that when the General Assembly uses "shall" in a statute commanding action by a public official or public body such usage is directory and not mandatory. The foregoing provisions of the bill do not become effective unless reenacted by the 2027 Session of the General Assembly. The bill requires, effective in due course, the Virginia Code Commission to review the bill's provisions and evaluate the bill's effect on the Code of Virginia and to report its findings and recommendations to the General Assembly no later than December 1, 2026.
Where it stands
Continued to next session in Courts of Justice (11-Y 4-N)
March 9, 2026
How did lawmakers vote?
House of Delegates votes
3 recorded votes · each counted separately
Senate votes
1 recorded vote · each counted separately
SenateStage: Continued to next session in Courts of Justice (11-Y 4-N) · March 9, 2026
11
Yes
4
No
0
Absent or Not Voting
15 senators recorded in this Senate vote. Colors show vote categories only, not whether a vote was good or bad.
What do people think?
Citizen Voice
How would you vote on this bill?
An unofficial public opinion poll. It does not affect the bill or the official vote.
One response per device. Location is self-reported and not verified. Results are informal and not a scientific survey.
See how each senator voted
| Senator | District | Vote |
|---|---|---|
| Michael Jones | 77 | No |
| Mark Obenshain | 2 | Yes |
| William Stanley | 7 | No |
| Mark Peake | 8 | No |
| Creigh Deeds | 11 | Yes |
| Glen Sturtevant | 12 | No |
| Richard Stuart | 25 | Yes |
| Ryan McDougle | 26 | Yes |
| Russet Perry | 31 | Yes |
| Kannan Srinivasan | 32 | Yes |
Bill history
Presented and ordered printed 26104509D
Referred to Committee for Courts of Justice
Referred from Courts of Justice and referred to Rules (Voice Vote)
Subcommittee recommends reporting (5-Y 0-N)
Assigned HRUL sub: Studies Subcommittee
Reported from Rules with amendment(s) (16-Y 0-N)
Read first time
Read second time
committee amendments agreed to
Engrossed by House as amended
Read third time and passed House (98-Y 0-N 0-A)
Constitutional reading dispensed (on 1st reading)
Referred to Committee for Courts of Justice
Continued to next session in Courts of Justice (11-Y 4-N)
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