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HB172 • 2026

Criminal cases; request for a jury to ascertain range of punishment, etc.

An Act to amend and reenact §§ 19.2-262.01 and 19.2-295 of the Code of Virginia, relating to criminal cases; request for a jury to ascertain punishment.

Crime
Enacted

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

Sponsor
Mehta
Last action
2026-04-22
Official status
Acts of Assembly Chapter
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Criminal cases; request for a jury to ascertain range of punishment, etc.

Criminal cases; request for a jury to ascertain punishment.

What This Bill Does

  • Criminal cases; request for a jury to ascertain punishment.
  • Provides that an accused may withdraw a request for a jury to ascertain punishment up until the commencement of the sentencing proceeding.
  • The bill also provides that counsel for either party shall have the right to examine jurors regarding the potential punishment, or range or ranges of punishment, regardless of whether the jury will ascertain punishment and that the court or counsel for either party may inform any person or juror during voir dire as to the potential punishment, or range or ranges of punishment, to ascertain if the person or juror can sit impartially in the guilt or sentencing phase of the case.
  • Current law provides that the court or counsel for either party may inform any person or juror during voir dire as to the potential range of punishment to ascertain if the person or juror can sit impartially in the sentencing phase of the case.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

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

HB172G

2026-04-13 • Governor

Governor's Recommendation

Plain English: (HB172) GOVERNOR'S RECOMMENDATION 1.

  • (HB172) GOVERNOR'S RECOMMENDATION 1.
  • After line 35, enrolled insert 2.
  • That the provisions of this act shall not become effective unless reenacted by the 2027 Session of the General Assembly.
HB172AHC1

2026-01-30

Courts of Justice Amendment

Plain English: OFFERED FOR CONSIDERATION 1/30/2026 HB 172 SUBCOMMITTEE 1.

  • OFFERED FOR CONSIDERATION 1/30/2026 HB 172 SUBCOMMITTEE 1.
  • Line 18, introduced, after potential insert punishment, or SUBCOMMITTEE 2.
  • Line 18, introduced, after range insert or ranges SUBCOMMITTEE 3.
  • Line 18, introduced, after punishment insert , [a comma] SUBCOMMITTEE 4.
HB172ASC1

2026-03-09 • Committee

Courts of Justice Amendment

Plain English: OFFERED FOR CONSIDERATION 3/09/2026 HB 172 COURTS OF JUSTICE 1.

  • OFFERED FOR CONSIDERATION 3/09/2026 HB 172 COURTS OF JUSTICE 1.
  • Line 11, engrossed unstrike In strike A.
  • Except as provided in subsection B, in COURTS OF JUSTICE 2.
  • Line 25, engrossed strike all of lines 25 through 28
HB172AS1

2026-03-10 • Committee

Courts of Justice Amendment

Plain English: 3/10/2026 (HB172) AMENDMENT(S) PROPOSED BY THE SENATE COURTS OF JUSTICE 1.

  • 3/10/2026 (HB172) AMENDMENT(S) PROPOSED BY THE SENATE COURTS OF JUSTICE 1.
  • Line 11, engrossed strike In A.
  • Except as provided in subsection B, in insert In COURTS OF JUSTICE 2.
  • Line 25, engrossed strike all of lines 25 through 28
HB172EDOC

2026-03-11 • Senate

Senate Amendments

Plain English: 3/11/2026 (HB172) AMENDMENT(S) PROPOSED BY THE SENATE COURTS OF JUSTICE 1.

  • 3/11/2026 (HB172) AMENDMENT(S) PROPOSED BY THE SENATE COURTS OF JUSTICE 1.
  • Line 11, engrossed strike In A.
  • Except as provided in subsection B, in insert In COURTS OF JUSTICE 2.
  • Line 25, engrossed strike all of lines 25 through 28

Bill History

  1. 2026-04-22 Governor

    Governor's recommendation adopted

  2. 2026-04-22 House

    Signed by Speaker

  3. 2026-04-22 Senate

    Signed by President

  4. 2026-04-22 Governor

    Approved by Governor-Chapter 1036 (effective 7/1/2026)

  5. 2026-04-22 House

    Reenrolled

  6. 2026-04-22 House

    Reenrolled bill text (HB172ER2)

  7. 2026-04-22 Governor

    Acts of Assembly Chapter text (CHAP1036)

  8. 2026-04-22 House

    House concurred in Governor's recommendation (63-Y 36-N 0-A)

  9. 2026-04-22 Senate

    Senate concurred in Governor's recommendation (21-Y 18-N 0-A)

  10. 2026-04-13 Governor

    Governor's recommendation received by House

  11. 2026-03-31 House

    Enrolled Bill communicated to Governor on March 31, 2026

  12. 2026-03-31 Governor

    Governor's Action Deadline 11:59 p.m., April 13, 2026

  13. 2026-03-31 House

    Signed by Speaker

  14. 2026-03-31 House

    Enrolled Bill communicated to Governor on March 31, 2026

  15. 2026-03-31 Governor

    Governor's Action Deadline 11:59 p.m., April 13, 2026

  16. 2026-03-31 House

    Fiscal Impact Statement from Department of Planning and Budget (HB172)

  17. 2026-03-30 Senate

    Signed by President

  18. 2026-03-30 House

    Enrolled

  19. 2026-03-30 House

    Bill text as passed House and Senate (HB172ER)

  20. 2026-03-12 House

    Senate amendments agreed to by House (63-Y 34-N 0-A)

  21. 2026-03-11 Senate

    Read third time

  22. 2026-03-11 Senate

    Read third time

  23. 2026-03-11 Senate

    Engrossed by Senate as amended

  24. 2026-03-11 Courts of Justice

    Courts of Justice Amendments agreed to

  25. 2026-03-11 Senate

    Passed Senate with amendments (21-Y 19-N 0-A)

  26. 2026-03-10 Senate

    Rules suspended

  27. 2026-03-10 Senate

    Passed by for the day

  28. 2026-03-10 Senate

    Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

  29. 2026-03-10 Senate

    Passed by for the day Block Vote (Voice Vote)

  30. 2026-03-09 Courts of Justice

    Reported from Courts of Justice with amendments (9-Y 6-N)

  31. 2026-03-09 Senate

    Senate committee offered

  32. 2026-03-09 Senate

    Senate committee offered

  33. 2026-02-16 Courts of Justice

    Fiscal Impact Statement from Department of Planning and Budget (HB172)

  34. 2026-02-11 Senate

    Constitutional reading dispensed (on 1st reading)

  35. 2026-02-11 Courts of Justice

    Referred to Committee for Courts of Justice

  36. 2026-02-10 House

    Read third time and passed House (63-Y 34-N 0-A)

  37. 2026-02-09 House

    Read second time

  38. 2026-02-09 House

    committee substitute agreed to

  39. 2026-02-09 House

    Engrossed by House - committee substitute

  40. 2026-02-06 House

    Read first time

  41. 2026-02-04 Courts of Justice

    Reported from Courts of Justice with substitute (15-Y 7-N)

  42. 2026-02-04 Courts of Justice

    Committee substitute printed 26106766D-H1

  43. 2026-01-30 Criminal

    Subcommittee recommends reporting with substitute (7-Y 3-N)

  44. 2026-01-30 Criminal

    House subcommittee offered

  45. 2026-01-29 Criminal

    Assigned HCJ sub: Criminal

  46. 2026-01-19 House

    Fiscal Impact Statement from Department of Planning and Budget (HB172)

  47. 2026-01-06 House

    Prefiled and ordered printed; Offered 01-14-2026 26103279D

  48. 2026-01-06 Courts of Justice

    Referred to Committee for Courts of Justice

Official Summary Text

Criminal cases; request for a jury to ascertain punishment.
Provides that an accused may withdraw a request for a jury to ascertain punishment up until the commencement of the sentencing proceeding. The bill also provides that counsel for either party shall have the right to examine jurors regarding the potential punishment, or range or ranges of punishment, regardless of whether the jury will ascertain punishment and that the court or counsel for either party may inform any person or juror during voir dire as to the potential punishment, or range or ranges of punishment, to ascertain if the person or juror can sit impartially in the guilt or sentencing phase of the case. Current law provides that the court or counsel for either party may inform any person or juror during voir dire as to the potential range of punishment to ascertain if the person or juror can sit impartially in the sentencing phase of the case.

Current Bill Text

Read the full stored bill text 
An Act to amend and reenact §§
19.2-262.01
and
19.2-295
of the Code of Virginia, relating to criminal cases; request for a jury to ascertain punishment.
Be it enacted by the General Assembly of Virginia:
1. That §§
19.2-262.01
and
19.2-295
of the Code of Virginia are amended and reenacted as follows:
§
19.2-262.01
. Voir dire examination of persons called as jurors.
In any criminal case, the court and counsel for either party shall have the right to examine under oath any person who is called as a juror therein and shall have the right to ask such person or juror directly any relevant question to ascertain whether the juror can sit impartially in either the guilt or sentencing phase of the case. Such questions may include whether the person or juror is related to either party, has any interest in the cause, has expressed or formed any opinion, or is sensible of any bias or prejudice therein. The court and counsel for either party may inform any such person or juror as to the potential
punishment, or
range
or ranges
of punishment
,
to ascertain if the person or juror can sit impartially in the
guilt or
sentencing phase of the case. The party objecting to any juror may introduce competent evidence in support of the objection, and if it appears to the court that the juror does not stand indifferent in the cause, another shall be drawn or called and placed in his stead for the trial of that case.
A juror, knowing anything relative to the fact in issue, shall disclose the same in open court.
Counsel for either party shall have the right to examine the jurors regarding the potential punishment, or range or ranges of punishment, regardless of whether the jury will ascertain punishment pursuant to §
19.2-295
.
§
19.2-295
. Ascertainment of punishment.
A. Within the limits prescribed by law, the court shall ascertain the term of confinement in the state correctional facility or in jail and the amount of fine, if any, when a person is convicted of a criminal offense, unless the accused is tried by a jury and has requested that the jury ascertain punishment. Such request for a jury to ascertain punishment shall be filed as a written pleading with the court at least 30 days prior to trial.
The accused may withdraw such request for a jury to ascertain punishment up until the commencement of the sentencing proceeding.
B. When the accused is tried by a jury, deliberations of the jury shall be confined to a determination of the guilt or innocence of the accused, except that when the ascertainment of punishment by the jury has been requested by the accused, a proceeding in accordance with §
19.2-295.1
shall apply.
C. In any case in which a jury has fixed a sentence as provided in this chapter and the sentence is modified by the court pursuant to the authority contained within this chapter, the court shall file with the record of the case a written explanation of such modification
,
including the cause therefor.
2. That the provisions of this act shall not become effective unless reenacted by the 2027 Session of the General Assembly.