Plea agreements and court orders; prohibited provisions.
An Act to amend the Code of Virginia by adding a section numbered 19.2-254.01, relating to plea agreements and court orders; prohibited provisions.
Children
Enacted
This bill passed the Legislature and reached final enactment based on the latest official action.
Sponsor
Salim
Last action
2026-04-22
Official status
Governor's Veto
Effective date
Not listed
Plain English Breakdown
The candidate explanation incorrectly stated that the bill was enacted and effective. The Governor vetoed this bill, which means it did not become a law as intended.
Rules About Plea Deals
This law stops courts from making agreements after July 1, 2026, that take away certain rights of people who plead guilty to crimes.
What This Bill Does
Stops plea deals and court orders executed or entered on or after July 1, 2026, from taking away Fourth Amendment rights or the right to ask for records to be sealed or expunged.
Makes any part of a plea deal that tries to take away these rights not valid and unenforceable.
Who It Names or Affects
People who plead guilty to crimes after July 1, 2026
Courts making plea deals or court orders
Terms To Know
Fourth Amendment rights
The right of people to be free from unreasonable searches and seizures by the government.
Expungement
A process where criminal records are destroyed or sealed so they cannot be seen easily.
Limits and Unknowns
This law does not apply to plea agreements made before July 1, 2026.
The Governor vetoed this bill, which means it did not become a law as intended.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: The amendment adds new conditions to plea agreements involving offenses against children and sets a five-year limit for certain provisions.
Adds a condition that plea agreements cannot include provisions that prevent the prosecution from seeking court orders related to child-related offenses under specific Virginia laws.
Inserts language specifying that these restrictions apply to cases involving violations of Article 4 or 5 of Chapter 8 in Title 18.2, which deal with crimes against children.
Changes the duration for certain provisions in plea agreements from unspecified to a maximum of five years.
The exact nature and extent of the restrictions on court orders are not fully detailed in the amendment text.
Bill History
2026-04-22Senate
Passed by for the day
2026-04-22Senate
Passed by for the day Block Vote (Voice Vote)
2026-04-13Governor
Vetoed by Governor
2026-03-14Senate
Enrolled Bill communicated to Governor on March 14, 2026
2026-03-14Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-10House
Signed by Speaker
2026-03-10Senate
Signed by President
2026-03-10Senate
Enrolled
2026-03-10Senate
Enrolled
2026-03-10Senate
Fiscal Impact Statement from Department of Planning and Budget (SB23)
2026-03-04House
Read third time
2026-03-04House
Passed House (64-Y 34-N 1-A)
2026-03-03House
Read second time
2026-03-02Courts of Justice
Reported from Courts of Justice (15-Y 7-N)
2026-02-20Criminal
Subcommittee recommends reporting (7-Y 3-N)
2026-02-17House
Placed on Calendar
2026-02-17Courts of Justice
Referred to Committee for Courts of Justice
2026-02-17Criminal
Assigned HCJ sub: Criminal
2026-02-17House
Read first time
2026-02-13Senate
Fiscal Impact Statement from Department of Planning and Budget (SB23)
Reported from Courts of Justice with amendments (9-Y 6-N)
2026-02-06Senate
Fiscal Impact Statement from Department of Planning and Budget (SB23)
2025-11-17Senate
Prefiled and ordered printed; Offered 01-14-2026 26100415D
2025-11-17Courts of Justice
Referred to Committee for Courts of Justice
Official Summary Text
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.
Current Bill Text
Read the full stored bill text
(SB23)
GOVERNOR'S VETO
Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto Senate Bill 23, which would prohibit criminal defendants from waiving their Fourth Amendment rights as a condition of a plea agreement.
Permitting a defendant to waive their Fourth Amendment rights as part of a plea agreement is a common practice in courtrooms across the Commonwealth and Virginia law sets standards for Fourth Amendment waivers to protect defendants. Senate Bill 23 would limit plea agreement options for defendants and Commonwealth's Attorneys as they seek negotiated resolutions.
Accordingly, I veto this bill.