SB307 • 2026

Crimes by gangs; definition of "predicate criminal act," penalties.

<p class=ldtitle>A BILL to amend and reenact § 18.2-46.1 of the Code of Virginia, relating to crimes by gangs; definition of "predicate criminal act"; penalties.</p>

Crime Firearms

Enacted

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

Sponsor: Peake
Last action: 2026-01-28
Official status: Failed
Effective date: Not listed

Plain English Breakdown

The official source material does not provide specific details on the exact number of additional cases that may arise or the full extent of required funding beyond state adult correctional facilities.

Expanding Definition of Gang-Related Crimes

This bill changes Virginia law by adding certain crimes as 'predicate criminal acts' related to gang participation.

What This Bill Does

Adds carrying a concealed weapon and pointing or brandishing a firearm as predicate criminal acts for gang-related offenses.
Includes misdemeanor violations of § 18.2-282 in the list of predicate criminal acts.
Expands the definition to include any substantially similar offense under other states' laws.

Who It Names or Affects

People who are part of or associated with criminal street gangs.
Law enforcement agencies dealing with gang-related crimes.
Courts and correctional facilities handling cases involving predicate criminal acts.

Terms To Know

Predicate criminal act: A specific crime that, when committed by a member of a criminal street gang, can lead to harsher penalties under the law.
Criminal street gang: An ongoing organization or group of three or more people with one of its main goals being the commission of crimes.

Limits and Unknowns

The exact funding needed for periods of commitment to juvenile justice facilities is not specified.
This bill does not specify how many additional cases will result from these changes.

Bill History

2026-01-28 Finance and Appropriations
Passed by indefinitely in Finance and Appropriations (9-Y 4-N)
2026-01-21 Courts of Justice
Reported from Courts of Justice and rereferred to Finance and Appropriations (13-Y 0-N 2-A)
2026-01-20 Senate
Fiscal Impact Statement from Department of Planning and Budget (SB307)
2026-01-15 Senate
Fiscal Impact statement From VCSC (1/15/2026 2:04 pm)
2026-01-13 Senate
Prefiled and ordered printed; Offered 01-14-2026 26102181D
2026-01-13 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

Crimes by gangs; definition of "predicate criminal act"; penalties.
Adds the misdemeanor and felony offenses of carrying a concealed weapon and the misdemeanor offense of pointing, holding, or brandishing a firearm, air or gas operated weapon, or object similar in appearance to the definition of "predicate criminal act" related to prohibited criminal street gang participation.

Current Bill Text

Read the full stored bill text

A BILL to amend and reenact §
18.2-46.1
of the Code of Virginia, relating to crimes by gangs; definition of "predicate criminal act"; penalties.

Be it enacted by the General Assembly of Virginia:

1. That §
18.2-46.1
of the Code of Virginia is amended and reenacted as follows:

§
18.2-46.1
. Definitions.

As used in this article, unless the context requires a different meaning:

"Act of violence" means those felony offenses described in subsection C of §
17.1-805
or subsection A of §
19.2-297.1
.

"Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, (i) which has as one of its primary objectives or activities the commission of one or more criminal activities; (ii) which has an identifiable name or identifying sign or symbol; and (iii) whose members individually or collectively have engaged in the commission of, attempt to commit, conspiracy to commit, or solicitation of two or more predicate criminal acts, at least one of which is an act of violence, provided such acts were not part of a common act or transaction.

"Predicate criminal act" means (i) an act of violence; (ii) any violation of §
18.2-42
,
18.2-46.3
,
18.2-56.1
,
18.2-57
,
18.2-57.2
,
18.2-59
,
18.2-83
,
18.2-95
,
18.2-103.1
,
18.2-108.1
,
18.2-121
,
18.2-127
,
18.2-128
,
18.2-137
,
18.2-138
,
18.2-146
,
18.2-147
,
18.2-248.01
,
18.2-248.03
,
18.2-255
,
18.2-255.2
,
18.2-287.4
,
18.2-300
,

18.2-308
,

18.2-308.1
,
18.2-308.2
,
18.2-308.2:01
,
18.2-308.4
, or
18.2-357.1
; (iii) a felony violation of §
18.2-60.3
,
18.2-346.01
,
18.2-348
, or
18.2-349
; (iv) a felony violation of §
4.1-1101
,
18.2-248
, or
18.2-248.1
or a conspiracy to commit a felony violation of §
4.1-1101
,
18.2-248
, or
18.2-248.1
; (v) any violation of a local ordinance adopted pursuant to §
15.2-1812.2
;
or
(vi)
a misdemeanor violation of §
18.2-282
;
or (vii)
any substantially similar offense under the laws of another state or territory of the United States, the District of Columbia, or the United States.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §
30-19.1:4
of the Code of Virginia, the estimated amount of the necessary appropriation is at least $520,889 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.