HB1299 • 2026

Rules of construction; use of "shall," effective clause, report.

A BILL to amend the Code of Virginia by adding a section numbered 1-243.1, relating to rules of construction; use of <s style="font-style: italic;">"shall."</s> "shall"; report.

Enacted

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

Sponsor: Delaney
Last action: 2026-03-09
Official status: Continued
Effective date: Not listed

Plain English Breakdown

The bill's exact effective date remains uncertain as it depends on future legislative action.

Rules for Using 'Shall' in Laws

This bill changes how the word 'shall' is used in Virginia laws to clarify that it means a requirement unless stated otherwise.

What This Bill Does

Changes the meaning of 'shall' in Virginia's laws to indicate a mandatory requirement, not just guidance, unless explicitly stated otherwise.
Requires the Virginia Code Commission to review and report on how this change affects existing laws by December 1, 2026.

Who It Names or Affects

People who read or enforce Virginia's laws
The Virginia Code Commission

Terms To Know

Virginia Code Commission: A group that reviews and updates the laws of Virginia.

Limits and Unknowns

The bill does not take effect until it is reenacted by the General Assembly in 2027.
It only applies if the General Assembly agrees with the Virginia Code Commission's report by 2027.

Amendments

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

HB1299AH1

2026-02-06 • Committee

Rules Amendment

Plain English: The amendment changes a word in the bill's title and adds new requirements for reporting and review of the bill's effects.

Replaces 'shall.' with 'shall'; report.' in the bill's title.
Adds a clause stating that the bill’s provisions will not take effect unless reenacted by the General Assembly in 2027.
Requires the Virginia Code Commission to review and report on the effects of the bill on existing laws.

The exact nature of the substantive changes or necessary adjustments to existing provisions is not specified.

Bill History

2026-03-09 Courts of Justice
Continued to 2027 in Courts of Justice (11-Y 4-N)
2026-02-13 Senate
Constitutional reading dispensed (on 1st reading)
2026-02-13 Courts of Justice
Referred to Committee for Courts of Justice
2026-02-12 House
Read third time and passed House Block Vote (98-Y 0-N 0-A)
2026-02-11 House
Read second time
2026-02-11 House
committee amendments agreed to
2026-02-11 House
Engrossed by House as amended
2026-02-10 House
Read first time
2026-02-06 Rules
Reported from Rules with amendment(s) (16-Y 0-N)
2026-02-02 Studies Subcommittee
Assigned HRUL sub: Studies Subcommittee
2026-02-02 Studies Subcommittee
Subcommittee recommends reporting (5-Y 0-N)
2026-01-28 Courts of Justice
Referred from Courts of Justice and referred to Rules (Voice Vote)
2026-01-15 House
Presented and ordered printed 26104509D
2026-01-15 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

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.

Current Bill Text

Read the full stored bill text

A BILL to amend the Code of Virginia by adding a section numbered
1-243.1
, relating to rules of construction; use of
[

"shall."

"shall"; report.

]
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered
1-243.1
as follows:
§
1-243.1
. Shall.
"Shall" establishes a mandatory requirement and is not merely directory, unless the statute expressly provides otherwise.
[
2. That the provisions of the first enactment of this act shall not become effective unless reenacted by the 2027 Session of the General Assembly.
3. That the Virginia Code Commission shall review the provisions of this act to evaluate the effects of this act on the Code of Virginia, including the extent of any substantive changes to the meaning of existing law or changes that would be necessitated to existing provisions by the enactment of §
1-243.1
of the Code of Virginia, as created by this act. The Virginia Code Commission shall report its findings and recommendations to the General Assembly no later than December 1, 2026. ]