HB857Introduced in the House of Delegates
Home/electronic incarceration program; court shall assign pregnant/postpartum persons to program.
Introduced by Rae Cousins, District 79
What does this bill do?
Plain-English breakdown
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Official description
Home/electronic incarceration program. Provides that any court having jurisdiction for the trial of a pregnant person or a postpartum person who still has contact with their infant child and is charged with certain offenses shall assign the offender to a home/electronic incarceration program unless there is probable cause to believe that (i) the offender will not appear for trial or hearing or at such other time and place as may be directed or (ii) the offender's liberty will constitute an unreasonable danger to such person, such person's family or household members, or the public. The bill also provides that a pregnant or postpartum person assigned to home/electronic incarceration shall remain eligible for bond.
Where it stands
Acts of Assembly Chapter text (CHAP1073)
April 22, 2026
How did lawmakers vote?
House of Delegates votes
4 recorded votes · each counted separately
Senate votes
4 recorded votes · each counted separately
SenateStage: Senate concurred in Governor's recommendation (38-Y 0-N 0-A) · April 22, 2026
38
Yes
0
No
2
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
| Senator | District | Vote |
|---|---|---|
| Elizabeth Bennett-Parker | 5 | Yes |
| Michael Jones | 77 | Yes |
| Timmy French | 1 | Yes |
| Mark Obenshain | 2 | Yes |
| Chris Head | 3 | Absent |
| David Suetterlein | 4 | Yes |
| Travis Hackworth | 5 | Yes |
| Todd Pillion | 6 | Yes |
| William Stanley | 7 | Yes |
| Mark Peake | 8 | Yes |
Bill history
Prefiled and ordered printed; Offered 01-14-2026 26105120D
Referred to Committee on Public Safety
Assigned Public Safety sub: Subcommittee #2
House subcommittee offered
Subcommittee recommends reporting with substitute (7-Y 0-N)
Reported from Public Safety with substitute (21-Y 0-N)
Committee substitute printed 26106580D-H1
Read first time
Moved from Uncontested Calendar to Regular Calendar
Read second time
committee substitute agreed to
Engrossed by House - committee substitute
Read third time and passed House (93-Y 5-N 0-A)
Constitutional reading dispensed (on 1st reading)
Referred to Committee on Rehabilitation and Social Services
Fiscal Impact Statement from Department of Planning and Budget (HB857)
Reported from Rehabilitation and Social Services (11-Y 0-N 4-A)
Rules suspended
Constitutional reading dispensed Block Vote (on 2nd reading) (37-Y 0-N 0-A)
Passed by for the day Block Vote (Voice Vote)
Read third time
Passed Senate (39-Y 0-N 0-A)
Enrolled
Bill text as passed House and Senate (HB857ER)
Fiscal Impact Statement from Department of Planning and Budget (HB857)
Signed by Speaker
Signed by President
Enrolled Bill communicated to Governor on March 10, 2026
Governor's Action Deadline 11:59 p.m., April 13, 2026
Governor's recommendation received by House
House concurred in Governor's recommendation (89-Y 11-N 0-A)
Senate concurred in Governor's recommendation (38-Y 0-N 0-A)
Governor's recommendation adopted
Reenrolled
Reenrolled bill text (HB857ER2)
Signed by Speaker
Signed by President
Approved by Governor-Chapter 1073 (effective 7/1/2026)
Acts of Assembly Chapter text (CHAP1073)
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