HB 1299 VA Passed One Chamber
Rules of construction; use of "shall," effective clause, report.
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Summary
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.
Sponsor (1)
- Karrie K. Delaney Democratic · primary
1 coauthor / cosponsor
- Holly M. Seibold Democratic · cosponsor
Action history (14)
- Jan 15, 2026 Presented and ordered printed 26104509D · lower
- Jan 15, 2026 Referred to Committee for Courts of Justice · lower
- Jan 28, 2026 Referred from Courts of Justice and referred to Rules (Voice Vote) · lower
- Feb 2, 2026 Subcommittee recommends reporting (5-Y 0-N) · lower
- Feb 2, 2026 Assigned HRUL sub: Studies Subcommittee · lower
- Feb 6, 2026 Reported from Rules with amendment(s) (16-Y 0-N) · lower
- Feb 10, 2026 Read first time · lower
- Feb 11, 2026 Read second time · lower
- Feb 11, 2026 committee amendments agreed to · lower
- Feb 11, 2026 Engrossed by House as amended · lower
- Feb 12, 2026 Read third time and passed House (98-Y 0-N 0-A) · lower
- Feb 13, 2026 Constitutional reading dispensed (on 1st reading) · upper
- Feb 13, 2026 Referred to Committee for Courts of Justice · upper
- Mar 9, 2026 Continued to next session in Courts of Justice (11-Y 4-N) · upper
Text versions (5)
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