HB118 • 2026

Discovery materials or evidence; accused may request to copy or photograph any materials.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Keys-Gamarra
Last action: 2026-04-13
Official status: Acts of Assembly Chapter
Effective date: Not listed

Plain English Breakdown

The bill does not provide specific details on how judges will enforce these rules, leaving it to the discretion of individual courts.

Discovery Materials for Accused

This act requires prosecutors to provide copies of discovery materials and evidence to defendants upon request in criminal cases.

What This Bill Does

Requires the Commonwealth, upon request by the accused or their counsel, to copy or photograph any discovery materials or evidence that the accused is permitted to inspect and review, including relevant police reports, criminal records, dashboard camera footage, and body-worn camera footage.
In district court cases, the prosecutor must provide copies of relevant police reports to defense lawyers at least 10 days before trial or preliminary hearing if requested.
If a case moves from district to circuit court, the defense lawyer must provide discovery materials to the prosecutor as required by law prior to trial in circuit court.

Who It Names or Affects

Defendants in criminal cases
Prosecutors and their staff
Judges overseeing criminal proceedings

Terms To Know

Discovery materials: Evidence or information that the prosecution must share with the defense before a trial.

Limits and Unknowns

Does not specify what happens if materials are prohibited by law.
Details on how judges will enforce these rules are left up to the courts' discretion.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB118AC

2026-03-13 • Conference

Conference Report

Plain English: The amendment changes how accused individuals can request copies or photographs of discovery materials in legal cases.

Changes 'submitted' to 'entered' at line 43.
Adds 'copies of' after 'accused' at line 47.

The exact impact and full context of these changes are not fully explained in the provided amendment text.

Bill History

2026-04-13 Governor
Approved by Governor-Chapter 562 (effective 7/1/2026)
2026-04-13 Governor
Approved by Governor-Chapter 562 (effective 7/1/2026)
2026-04-13 Governor
Acts of Assembly Chapter text (CHAP0562)
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Signed by Speaker
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Fiscal Impact Statement from Department of Planning and Budget (HB118)
2026-03-30 Senate
Signed by President
2026-03-30 House
Enrolled
2026-03-30 House
Bill text as passed House and Senate (HB118ER)
2026-03-13 Conference
Conference Report released
2026-03-13 Senate
Conference report agreed to by Senate (39-Y 0-N 0-A)
2026-03-12 Conference
Conference Report released
2026-03-12 Conference
Conference Report released
2026-03-12 House
Conference report agreed to by House (81-Y 14-N 0-A)
2026-03-11 Conference
Conference Report released
2026-03-11 Conference
Conference Report released
2026-03-10 House
Conferees appointed by House
2026-03-10 House
House Conferees: Keys-Gamarra, Carnegie, Griffin
2026-03-09 Senate
Senate Conferees: Carroll Foy, Perry, McDougle
2026-03-09 Senate
Conferees appointed by Senate
2026-03-06 House
House acceded to request
2026-03-05 Senate
Senate requested conference committee
2026-03-05 Senate
Senate requested conference committee
2026-03-05 Senate
Senate insisted on substitute (39-Y 0-N 0-A)
2026-03-03 House
Senate substitute rejected by House (4-Y 94-N 0-A)
2026-02-27 Senate
Read third time
2026-02-27 Senate
Engrossed by Senate - committee substitute
2026-02-27 Finance and Appropriations
Finance and Appropriations Substitute agreed to
2026-02-27 Senate
Passed Senate with substitute Block Vote (37-Y 0-N 0-A)
2026-02-26 Senate
Rules suspended
2026-02-26 Senate
Passed by for the day
2026-02-26 Senate
Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
2026-02-26 Senate
Passed by for the day Block Vote (Voice Vote)
2026-02-25 Finance and Appropriations
Reported from Finance and Appropriations with substitute (15-Y 0-N)
2026-02-25 Finance and Appropriations
Committee substitute printed 26108652D-S1
2026-02-23 Courts of Justice
Reported from Courts of Justice and rereferred to Finance and Appropriations (14-Y 0-N)
2026-02-06 Courts of Justice
Fiscal Impact Statement from Department of Planning and Budget (HB118)
2026-02-04 Senate
Constitutional reading dispensed (on 1st reading)
2026-02-04 Courts of Justice
Referred to Committee for Courts of Justice
2026-02-03 House
Read third time and passed House (96-Y 2-N 0-A)
2026-02-02 House
Read second time
2026-02-02 House
committee substitute agreed to
2026-02-02 House
Engrossed by House - committee substitute
2026-02-02 House
Moved from Uncontested Calendar to Regular Calendar
2026-01-30 House
Read first time
2026-01-29 Courts of Justice
Committee substitute printed 26105982D-H1
2026-01-28 Courts of Justice
Reported from Courts of Justice with substitute (20-Y 0-N)
2026-01-23 Criminal
House subcommittee offered
2026-01-23 Criminal
Subcommittee recommends reporting with substitute (9-Y 1-N)
2026-01-22 Criminal
Assigned HCJ sub: Criminal
2026-01-02 House
Prefiled and ordered printed; Offered 01-14-2026 26101890D
2026-01-02 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

Discovery; methods of delivery.
Requires the Commonwealth, upon request by the accused or his counsel, to copy or photograph any discovery materials or evidence the accused is permitted to inspect and review, including relevant police reports, criminal records, dashboard camera footage, and body-worn camera footage, and requires the Commonwealth to provide copies to the accused or his counsel, subject to the redaction, restricted dissemination, and protective order provisions of the relevant Rules of the Supreme Court of Virginia and unless such material is prohibited from being distributed by law.
The bill requires the attorney for the Commonwealth in any district court to provide to counsel of record for the accused, if requested, a copy of any relevant police report at least 10 days prior to the date the case is set for trial or preliminary hearing, and such report is subject to limitations on dissemination. The bill further provides that if such materials are provided to counsel of record for the accused in district court for a preliminary hearing, the circuit court shall order such counsel to provide discovery to the attorney for the Commonwealth subject to the relevant Rules of the Supreme Court of Virginia prior to trial in circuit court.
Lastly, the bill provides that if at any time during the course of the proceedings it is brought to the attention of the court that the attorney for the Commonwealth has failed to comply with such provisions, the court may order the Commonwealth to permit discovery or inspection, grant a continuance, or prohibit the Commonwealth from introducing evidence not disclosed, or the court may enter such other order as it deems just under the circumstances.

Current Bill Text

Read the full stored bill text

An Act to amend and reenact §
19.2-265.4
of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 15 of Title 19.2 an article numbered 4.3, consisting of a section numbered
19.2-264.15
, relating to discovery; methods of delivery.
Be it enacted by the General Assembly of Virginia:
1. That §
19.2-265.4
of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 15 of Title 19.2 an article numbered 4.3, consisting of a section numbered
19.2-264.15
, as follows:
Article 4.3.
Discovery; Methods of Delivery.
§
19.2-264.15
. Discovery; methods of delivery.
A. In any circuit court, if discovery materials, as specified in Rule 3A:11 of the Rules of the Supreme Court, are requested by counsel of record for the accused, the Commonwealth shall provide a copy of such discovery unless such material is prohibited from being distributed by law.
B. In any district court in a case prosecuted by the attorney for the Commonwealth, the attorney for the Commonwealth shall provide to counsel of record for the accused, if requested, a copy of any relevant police report at least 10 days prior to the date the case is set for trial or preliminary hearing. Any police report provided pursuant to this subsection shall only be provided to counsel of record for the accused and disseminated to any of such counsel's agents or employees or an expert witness. Such report shall not be otherwise disseminated, including the creation of any reproduction or copy, except that the counsel of record for the accused may communicate the contents of such report to the accused. If such materials are requested by counsel of record for the accused for a preliminary hearing held in a district court, the circuit court shall order counsel of record to provide discovery to the attorney for the Commonwealth as provided in Rule 3A:11 of the Rules of the Supreme Court prior to trial of a felony offense in circuit court.
C. If at any time during the course of the proceedings it is brought to the attention of the court that the attorney for the Commonwealth has failed to comply with the provisions of this section, the court may order the Commonwealth to permit discovery or inspection, grant a continuance, or prohibit the Commonwealth from introducing evidence not disclosed, or the court may enter such other order as it deems just under the circumstances.
§
19.2-265.4
. Failure to provide discovery.
A. In any criminal prosecution for a felony in a circuit court or for a misdemeanor brought on direct indictment, the attorney for the Commonwealth shall have a duty to adequately and fully provide discovery as provided under Rule 3A:11 of the Rules of the Supreme Court. Rule 3A:11 shall be construed to apply to such felony and misdemeanor prosecutions. This duty to disclose shall be continuing and shall apply to any additional evidence or material discovered by the Commonwealth prior to or during trial
which
that
is subject to discovery or inspection and has been previously requested by the accused. In any criminal prosecution for a misdemeanor by trial de novo in circuit court, the attorney for the Commonwealth shall have a duty to adequately and fully provide discovery as provided under Rule 7C:5 of the Rules of the Supreme Court.
If an order for discovery is entered for such criminal prosecution pursuant to Rule 3A:11, the accused may request to copy or photograph any discovery materials or evidence that the accused is permitted to inspect and review, including relevant police reports, criminal records, dashboard camera footage, and body-worn camera footage as described in §
15.2-1723.1
. Upon such request, the attorney for the Commonwealth shall provide to the counsel of record for the accused copies of such discovery materials, subject to the redaction, restricted dissemination, and protective orders provisions of Rule 3A:11.
B. If at any time during the course of the proceedings it is brought to the attention of the court that the attorney for the Commonwealth has failed to comply with this section, the court may order the Commonwealth to permit the discovery or inspection, grant a continuance, or prohibit the Commonwealth from introducing evidence not disclosed, or the court may enter such other order as it deems just under the circumstances.