In a significant development for Virginia’s criminal justice system, the General Assembly has passed and enacted House Bill 118, which establishes new requirements for the disclosure of discovery materials in criminal cases. This legislation, designated as Chapter 562 in the Acts of Assembly, mandates that prosecutors provide copies or allow the photographing of evidence to the accused and their legal representatives upon request.

The bill, prefiled on January 2, 2026, and offered on January 14, 2026, by Delegate Karen Keys-Gamarra, amends Section 19.2-265.4 of the Code of Virginia and introduces a new article numbered 4.3 within Chapter 15 of Title 19.2. These changes formalize the process by which discovery materials must be delivered in physical or photographic form rather than solely through inspection.

According to the provisions of the law, the Commonwealth is required to copy or photograph any discovery materials or evidence that the accused is entitled to inspect and review. Among the materials explicitly covered are relevant police reports, criminal records, dashboard camera footage, and body-worn camera footage. The delivery of these items must comply with the redaction requirements, restrictions on dissemination, and any protective orders outlined in the Rules of the Supreme Court of Virginia. Additionally, the materials cannot be distributed if prohibited by other laws.

A key component of the legislation focuses on district court proceedings. The attorney for the Commonwealth must supply counsel of record for the accused with a copy of any relevant police report upon request, and this copy must be provided at least 10 days before the scheduled date for trial or preliminary hearing. The police report itself remains subject to existing limitations regarding its dissemination.

The bill also addresses the transition between district and circuit courts. If discovery materials are furnished to the accused’s counsel during a preliminary hearing in district court, the circuit court is directed to issue an order requiring that same counsel to provide corresponding discovery to the attorney for the Commonwealth. This reciprocal arrangement must adhere to the applicable Rules of the Supreme Court of Virginia and is to occur prior to the trial in circuit court.

The legislative journey of House Bill 118 reflects broad support across the chambers. On February 3, 2026, the House of Delegates read the bill for the third time and passed it with a vote of 96 in favor and 2 opposed. The measure then advanced to the Senate, where constitutional reading was dispensed with on the first reading on February 4, 2026. Conferees were appointed by the House on March 10, 2026, consisting of Delegates Keys-Gamarra, Carnegie, and Griffin. The Senate appointed its conferees on March 9, 2026, including Senators Carroll Foy, Perry, and McDougle.

The conference report received unanimous approval in the Senate on March 13, 2026, with a 39 to 0 vote. In the House, the conference report passed on March 12, 2026, by 81 to 14. Following these approvals, the bill was enrolled and signed into law on April 13, 2026, becoming Chapter 562 of the Acts of Assembly.

This law enhances the mechanisms for evidence sharing by ensuring that defendants and their attorneys receive tangible copies of important items such as police reports and video recordings from law enforcement cameras. Dashboard camera footage, which records events as viewed from police vehicles, and body-worn camera footage, which captures interactions at close range, are now subject to mandatory copying upon request. This approach allows for detailed examination of the visual evidence without reliance on in-person review only.

Criminal records and police reports, as core components of discovery, will be made available in copied format to facilitate thorough preparation by the defense. The 10-day advance provision for police reports in district court cases provides a specific timeframe that helps in organizing defense strategies ahead of critical proceedings.

By incorporating reciprocal discovery obligations when materials are shared early, the legislation maintains an equitable flow of information between the parties involved in a case. This ensures that the prosecution also benefits from timely access to defense materials in the circuit court phase.

The standardization of these delivery methods through the amendment to the existing code section and the addition of the new article creates a clearer framework for all participants in the criminal justice process. Attorneys, judges, and law enforcement officials will operate under these updated guidelines to handle discovery requests consistently statewide.

The passage of this measure underscores the commitment to procedural fairness in handling criminal matters. With the law now in effect, it applies to cases where discovery is requested in accordance with the rules, promoting efficiency and reducing potential conflicts over evidence access.

Further details in the bill specify that the requirements are triggered by a request from the accused or counsel, ensuring that the process is initiated as needed rather than automatically in every instance. This targeted application allows flexibility while guaranteeing availability when sought.

The emphasis on camera footage aligns with modern law enforcement practices where such recordings serve as vital records of events. Providing copies of these allows for independent analysis by defense teams, contributing to a more complete understanding of case facts.

In district court, the specific mandate for police reports ten days prior addresses the often time-sensitive nature of preliminary hearings and trials in those venues. This timeline supports adequate review and consultation with clients.

The reciprocal provision prevents one-sided disclosure and upholds the principle of balanced information exchange, which is essential for just outcomes in circuit court trials.

Overall, House Bill 118 represents a comprehensive update to discovery procedures that will be implemented across Virginia’s court system. Legal professionals are expected to adapt to these changes to comply with the new statutory requirements.

The bill’s successful navigation through both houses with strong majorities indicates widespread agreement on the need for these enhancements to the discovery process.

With its enactment on April 13, 2026, the provisions of this legislation are poised to influence criminal proceedings throughout the Commonwealth, ensuring that discovery materials are handled in a manner that supports thorough case preparation for all parties.