Read the full stored bill text
HOUSE BILL NO. 1070
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 11, 2026)
(Patron Prior to Substitute--Delegate Rasoul)
A BILL to amend the Code of Virginia by adding a section numbered
19.2-263.4
, relating to procedure for use of prior adjudication, conviction, or status as element of offense charged.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered
19.2-263.4
as follows:
§
19.2-263.4
. Procedure for use of prior
adjudication
,
conviction
, or status
as element of offense
charged
.
A. Except as provided in subsection B, i
n any jury trial where
proof of
a prior
adjudication or
conviction is
required pursuant to statute
, upon motion of the defendant
or his counsel
made not less than 10 days prior to trial, the following procedure shall apply:
1. Prior to the impaneling of the jury, the court shall determine whether the defendant has
waived the right for the jury to determine a prior
adjudication or
conviction as
required pursuant to statute
.
2. Upon a finding of a valid waiver,
the court shall hold a hearing to
determine whether the defendant
is the person previously
adjudicated or
convicted of
the
offense required pursuant to statute that is
alleged in the indictment.
At such hearing
, t
he Commonwealth shall present evidence
to the court
to prove that
(i)
the defendant is the same person who was
previously
adjudicated delinquent or
convicted of
such
offense
and (ii) such prior adjudication or conviction qua
lifies as the prior offense required pursuant to statute
. The defendant or his counsel may present rebuttal evidence to disprove the defendant's
identity,
adjudication,
or
conviction
or otherwise challenge the Commonwealth's evidence
.
3
. If the court finds
beyond a reasonable doubt
that the defendant is the
same person who was
adjudicated delinquent or
convicted of a prior offense
required pursuant to statute
and is currently charged, the court shall enter such finding on the record. However, no evidence of such prior
adjudication or
conviction shall be presented to the jury during the guilt phase of the trial.
4
. In any indic
tment, information, warrant, or other charging document that is read or shown to the jury, the
charged
offense shall be referred to by a description that omits any reference to the defendant's prior
adjudication or
conviction
required pursuant to statute
.
Such prior
adjudication or
conviction shall be in a separate count or filing or a clearly designated and redactable
portion
of the indictment that is not read or shown to the jury.
5
.
The judge shall instruct the jury only on the
substantive
elements of the charged offense and omit any r
eference to a prior
adjudication or
conviction
required pursuant to statute
in such elements.
Once such finding described in su
bdivision 3
occurs, t
he element of
the
prior
adjudication or
conviction
required pursuant to statute
shall be treated as proven by the Commonwealth for the
purpose of establishing the grade of the offense or the potential for enhanced punishment.
6
. If the jury finds the defendant guilty of the
substantive elements of the charged
offense, the court's finding described in
subdivision 3
shall be used by the court or jury, as applicable,
for the sentencing phase of the trial pursuant to §§
19.2-295
and
19.2-295.1
.
B. In any jury trial where proof of a prior adjudication, conviction, or status
makes otherwise legal conduct illegal, including a
ny
violation of §
18.2-308.1:4
,
18.2-308.1:8
,
18.2-308.2
,
18.2-370.2
,
18.2-370.5
, or
18.2-472.1
, upon motion of the defendant or his counsel made not less than 10 days prior to trial, the following procedure shall apply:
1.
If the
defendant agrees to stipulate to the existence of a prior
adjudication
,
conviction
, or status
as required pursuant to statute
, the
attorney for the Commonwealth and the court
shall
accept such stipulation
to satisfy such requirement
.
2. Upon
acceptance of the stipulation described in subdivision 1, no evidence regarding the name, nature, or specific details of the prior offense or status required
pursuant to statute shall be admitted or presented to the jury. The indictment for the charged offense shall be redacted
if
read to the jury to only allege that the defendant
has been previously adjudicated delinquent or convicted of an offense required pursuant to statute or is the subject of an order that directly
contributes to the defendant's
current
status
required pursuant to statute.
3. The court shall
(i)
instruct the jury (
a
)
that
the defendant has stipulated to the prior adjudication, conviction, or status
and
(
b
)
to
accept such stipulation for the charged offense required pursuant to statute
and (ii) inform the jury that the defendant
(a)
was
adjudicated delinquent or convicted of the prior offense required pursuant to statute or (b) is the subject of an order that directly contributes to the defendant's current status required pursuant to statute
.
The court shall no
t inform the jury of the specific offense
or
findings for any such previous adjudication, conviction, or status
.
C.
If a defendant fails to make a motion
10 days prior to trial
pursuant to this section, any prior
adjudication, conviction, or status shall be submitted to the jury to determine if
it
meets the requirements of the charged offense pursuant to statute.
D. T
he court may,
for
good cause
show
n and in the interest of justice, permit the defendant to move the court
less than 10 days prior to trial pur
suant to this section
,
up and until the jury has been impaneled and sworn
, and if the court grants such motion, the procedures of subsection
s
A and B shall apply
.
In the event such motion is granted, the court shall, upon motion of the Commonwealth, grant a continuance for good cause shown.