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HB172Introduced in the House of Delegates

Criminal cases; request for a jury to ascertain range of punishment, etc.

Passed

Introduced by Leslie Chambers Mehta, District 73

What does this bill do?

Plain-English breakdown

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Official description

Criminal cases; request for a jury to ascertain punishment. Provides that an accused may withdraw a request for a jury to ascertain punishment up until the commencement of the sentencing proceeding. The bill also provides that counsel for either party shall have the right to examine jurors regarding the potential punishment, or range or ranges of punishment, regardless of whether the jury will ascertain punishment and that the court or counsel for either party may inform any person or juror during voir dire as to the potential punishment, or range or ranges of punishment, to ascertain if the person or juror can sit impartially in the guilt or sentencing phase of the case. Current law provides that the court or counsel for either party may inform any person or juror during voir dire as to the potential range of punishment to ascertain if the person or juror can sit impartially in the sentencing phase of the case. The bill contains a reenactment clause.

Where it stands

Acts of Assembly Chapter text (CHAP1036)

April 22, 2026

How did lawmakers vote?

House of Delegates votes

5 recorded votes · each counted separately

Senate votes

4 recorded votes · each counted separately

SenateStage: Senate concurred in Governor's recommendation (21-Y 18-N 0-A) · April 22, 2026

21

Yes

18

No

1

Absent or Not Voting

40 senators recorded in this Senate vote. Colors show vote categories only, not whether a vote was good or bad.

See how each senator voted

SenatorDistrictVote
Elizabeth Bennett-Parker5Yes
Michael Jones77Yes
Timmy French1No
Mark Obenshain2No
Chris Head3Absent
David Suetterlein4No
Travis Hackworth5No
Todd Pillion6No
William Stanley7No
Mark Peake8No

Bill history

  1. Prefiled and ordered printed; Offered 01-14-2026 26103279D

  2. Referred to Committee for Courts of Justice

  3. Fiscal Impact Statement from Department of Planning and Budget (HB172)

  4. Assigned HCJ sub: Criminal

  5. House subcommittee offered

  6. Subcommittee recommends reporting with substitute (7-Y 3-N)

  7. Reported from Courts of Justice with substitute (15-Y 7-N)

  8. Committee substitute printed 26106766D-H1

  9. Read first time

  10. Read second time

  11. committee substitute agreed to

  12. Engrossed by House - committee substitute

  13. Read third time and passed House (63-Y 34-N 0-A)

  14. Constitutional reading dispensed (on 1st reading)

  15. Referred to Committee for Courts of Justice

  16. Fiscal Impact Statement from Department of Planning and Budget (HB172)

  17. Reported from Courts of Justice with amendments (9-Y 6-N)

  18. Senate committee offered

  19. Senate committee offered

  20. Rules suspended

  21. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

  22. Passed by for the day Block Vote (Voice Vote)

  23. Read third time

  24. Courts of Justice Amendments agreed to

  25. Engrossed by Senate as amended

  26. Passed Senate with amendments (21-Y 19-N 0-A)

  27. Senate amendments agreed to by House (63-Y 34-N 0-A)

  28. Enrolled

  29. Bill text as passed House and Senate (HB172ER)

  30. Signed by President

  31. Fiscal Impact Statement from Department of Planning and Budget (HB172)

  32. Signed by Speaker

  33. Enrolled Bill communicated to Governor on March 31, 2026

  34. Governor's Action Deadline 11:59 p.m., April 13, 2026

  35. Governor's recommendation received by House

  36. House concurred in Governor's recommendation (63-Y 36-N 0-A)

  37. Senate concurred in Governor's recommendation (21-Y 18-N 0-A)

  38. Governor's recommendation adopted

  39. Reenrolled

  40. Reenrolled bill text (HB172ER2)

  41. Signed by Speaker

  42. Signed by President

  43. Approved by Governor - Chapter 1036 (effective - see bill)

  44. Acts of Assembly Chapter text (CHAP1036)

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