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HB438Introduced in the House of Delegates

Delinquency petition; referral to court service unit.

Passed

Introduced by Destiny LeVere Bolling, District 80

What does this bill do?

Plain-English breakdown

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Official description

Delinquency petition; referral to court service unit. Provides that at any point prior to the commencement of an adjudication hearing on a petition alleging that a child is delinquent, the court, upon request of the child with consent of the attorney for the Commonwealth, if a party to the case, may refer the delinquency charge back to the court service unit in writing and the intake officer shall proceed informally pursuant to relevant law. Additionally, the bill provides that upon such referral, the court shall dismiss the petition and order that the court records pertaining to the petition be expunged pursuant to relevant law. Lastly, the bill allows an intake officer to proceed informally on a complaint alleging a child is in need of services, in need of supervision, or delinquent if the juvenile has previously been proceeded against informally.Current law does not permit proceeding informally when a juvenile (i) commits a violent juvenile felony or (ii) is alleged delinquent for an offense that would be a felony if committed by an adult if such juvenile had previously been (a) proceeded against informally by intake or (b) adjudicated delinquent for a prior offense that would be a felony if committed by an adult. This bill is identical to SB 70.

Where it stands

Acts of Assembly Chapter text (CHAP0613)

April 13, 2026

How did lawmakers vote?

House of Delegates votes

4 recorded votes · each counted separately

Senate votes

6 recorded votes · each counted separately

House of DelegatesStage: Senate amendments agreed to by House (64-Y 34-N 0-A) · March 12, 2026

64

Yes

34

No

1

Absent or Not Voting

99 delegates recorded in this House of Delegates vote. Colors show vote categories only, not whether a vote was good or bad.

See how each delegate voted

DelegateDistrictVote
Patrick Hope1Yes
Adele McClure2Yes
Alfonso Lopez3Yes
Charniele Herring4Yes
Kirk McPike5Yes
Richard Sullivan6Yes
Karen Keys-Gamarra7Yes
Irene Shin8Yes
Karrie Delaney9Yes
Dan Helmer10Yes

Bill history

  1. Prefiled and ordered printed; Offered 01-14-2026 26103735D

  2. Referred to Committee for Courts of Justice

  3. Fiscal Impact Statement from Department of Planning and Budget (HB438)

  4. Assigned HCJ sub: Criminal

  5. House subcommittee offered

  6. Subcommittee recommends reporting with substitute (8-Y 2-N)

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

  8. Committee substitute printed 26106927D-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 33-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 (HB438)

  17. Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (15-Y 0-N)

  18. Senate committee offered

  19. Fiscal Impact Statement from Department of Planning and Budget (HB438)

  20. Reported from Finance and Appropriations (14-Y 0-N)

  21. Rules suspended

  22. Constitutional reading dispensed (on 2nd reading) (37-Y 0-N 0-A)

  23. Passed by for the day (Voice Vote)

  24. Read third time

  25. Courts of Justice Amendment agreed to

  26. Engrossed by Senate as amended

  27. Passed Senate with amendments Block Vote (39-Y 0-N 0-A)

  28. Reconsideration of Senate passage agreed to by Senate Block Vote (40-Y 0-N 0-A)

  29. Passed Senate with amendments Block Vote (40-Y 0-N 0-A)

  30. Senate amendments agreed to by House (64-Y 34-N 0-A)

  31. Enrolled

  32. Bill text as passed House and Senate (HB438ER)

  33. Signed by President

  34. Fiscal Impact Statement from Department of Planning and Budget (HB438)

  35. Signed by Speaker

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

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

  38. Approved by Governor-Chapter 613 (effective 7/1/2026)

  39. Acts of Assembly Chapter text (CHAP0613)

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