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SB 23 VA
Vetoed

Plea agreements and court orders; prohibited provisions.

VA · session 2026 · Senate · bill

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Introduced Nov 17, 2025

Latest action (Apr 13, 2026) Vetoed by Governor

Summary

Plea agreements and court orders; prohibited provisions. Prohibits plea agreements and court orders executed or entered on or after July 1, 2026, from containing any provision that purports to waive, release, or extinguish a defendant's (i) rights under the Fourth Amendment to the Constitution of the United States and Article I, Section 10 of the Constitution of Virginia; (ii) right to file a petition requesting expungement of the police records and the court records; or (iii) right to have criminal history record information and court records sealed. The bill provides that any such prohibited provision of a plea agreement or court order is void and unenforceable as against public policy.The bill provides that such prohibition does not apply to any plea agreements, written agreements, or court orders entered into by a defendant and the Commonwealth in certain cases.The bill further provides that any waiver, release, or extinguishment of rights under the Fourth Amendment permissible by law shall be no longer than the period of supervised probation imposed against the defendant; if the defendant is not placed on supervised probation, it shall be no longer than five years.

Sponsor (1)

Action history (29)

  1. Nov 17, 2025 Prefiled and ordered printed; Offered 01-14-2026 26100415D · upper
  2. Nov 17, 2025 Referred to Committee for Courts of Justice · upper
  3. Feb 6, 2026 Fiscal Impact Statement from Department of Planning and Budget (SB23) · upper
  4. Feb 9, 2026 Reported from Courts of Justice with amendments (9-Y 6-N) · upper
  5. Feb 10, 2026 Rules suspended · upper
  6. Feb 10, 2026 Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A) · upper
  7. Feb 10, 2026 Passed by for the day Block Vote (Voice Vote) · upper
  8. Feb 11, 2026 Read second time · upper
  9. Feb 11, 2026 Courts of Justice Amendments agreed to · upper
  10. Feb 11, 2026 Engrossed by Senate as amended (Voice Vote) · upper
  11. Feb 12, 2026 Read third time and passed Senate (21-Y 19-N 0-A) · upper
  12. Feb 13, 2026 Fiscal Impact Statement from Department of Planning and Budget (SB23) · upper
  13. Feb 17, 2026 Placed on Calendar · lower
  14. Feb 17, 2026 Read first time · lower
  15. Feb 17, 2026 Referred to Committee for Courts of Justice · lower
  16. Feb 17, 2026 Assigned HCJ sub: Criminal · lower
  17. Feb 20, 2026 Subcommittee recommends reporting (7-Y 3-N) · lower
  18. Mar 2, 2026 Reported from Courts of Justice (15-Y 7-N) · lower
  19. Mar 3, 2026 Read second time · lower
  20. Mar 4, 2026 Read third time · lower
  21. Mar 4, 2026 Passed House (64-Y 34-N 1-A) · lower
  22. Mar 10, 2026 Enrolled · upper
  23. Mar 10, 2026 Fiscal Impact Statement from Department of Planning and Budget (SB23) · upper
  24. Mar 10, 2026 Signed by Speaker · lower
  25. Mar 10, 2026 Signed by President · upper
  26. Mar 10, 2026 Enrolled · upper
  27. Mar 14, 2026 Enrolled Bill communicated to Governor on March 14, 2026 · upper
  28. Mar 14, 2026 Governor's Action Deadline 11:59 p.m., April 13, 2026 · executive
  29. Apr 13, 2026 Vetoed by Governor · executive

Text versions (8)

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

  • Governor's Veto Explanation · HTML
  • Enrolled · PDF
  • Enrolled · HTML
  • Engrossed · PDF
  • Engrossed · HTML
  • Courts of Justice Amendment · HTML
  • Introduced · PDF
  • Introduced · HTML

Full text

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