Virginia Legislature Delivers Bipartisan Win for Judicial Efficiency with Passage of HB 128

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RICHMOND, Va. — The Virginia General Assembly concluded action on House Bill 128 on March 12, 2026, when the House of Delegates agreed to a Senate substitute by a vote of 97-1 with no abstentions. This final step propels the bill, which enhances the certification process for ancillary traffic infractions in felony cases, to Governor Glenn Youngkin’s desk for signature.

Sponsored by Delegate Katrina Callsen of the 54th District, HB 128 amends Section 19.2-190.1 of the Code of Virginia. Under current law, courts may certify ancillary misdemeanor offenses to the clerk of the circuit court when a felony offense is certified for trial in circuit court. The bill extends this authority to include any ancillary traffic infraction, provided both the attorney for the Commonwealth and the accused provide their consent.

This provision addresses a technical gap identified by the Virginia Criminal Justice Conference, a body dedicated to improving the state’s criminal justice processes. By allowing traffic infractions—such as those often accompanying serious offenses like reckless driving tied to felonies—to be certified alongside the primary charge, the legislation promotes a more cohesive handling of cases. Prosecutors, defendants, and courts alike benefit from consolidated proceedings, minimizing the need for separate hearings in general district court and circuit court.

The bill’s path through the legislature exemplifies streamlined governance and broad consensus on practical reforms. Prefiled on January 2, 2026, and offered January 14, it was referred to the House Committee for Courts of Justice. On January 22, it was assigned to the Criminal Subcommittee, which recommended reporting it out 10-0 on January 23. The full committee followed suit on January 28, reporting it 18-0.

The House read the bill for the first time on January 30, passed second reading and engrossment on February 2, and gave final passage on February 3 by a block vote of 98-0. It then moved to the Senate, where constitutional reading was dispensed on first reading February 4, and it was referred to the Senate Committee for Courts of Justice.

Senate action accelerated in early March. On March 9, the committee reported it with a substitute (printed 26107132D-S1) by a 15-0 vote. The next day, March 10, rules were suspended, second reading dispensed by block vote 40-0, and it passed by for the day on voice vote. On March 11, the Senate read it a third time, agreed to the Courts of Justice substitute, engrossed it, and passed it with the substitute first by block vote 39-0, reconsidered, and passed again 40-0. The House’s concurrence on March 12 sealed its passage.

Fiscal impact statements from the Department of Planning and Budget, issued January 21 and March 10, confirm no material effect on state budgets. The Office of the Executive Secretary of the Supreme Court of Virginia and the Commonwealth’s Attorneys’ Services Council stated explicitly that there is no impact from the bill, with any minor unanticipated costs absorbable within existing resources. No budget amendments are required.

This near-unanimous support underscores the bill’s merit as a commonsense adjustment to judicial procedures. In an era where court dockets demand efficiency, HB 128 ensures that all violations arising from a single incident are addressed in one forum. This approach holds offenders fully accountable without unnecessary procedural hurdles, reinforcing public safety and the rule of law.

The Virginia Criminal Justice Conference’s endorsement highlights the bill’s roots in expert consensus for system improvements. By facilitating certification of traffic infractions—often indicators of broader criminal behavior—with felonies, the measure aids prosecutors in presenting complete cases, supports law enforcement efforts, and expedites justice delivery to victims and communities.

Delegate Callsen’s initiative, while originating in the House, garnered Republican and independent backing alike, as evidenced by the lopsided votes. The single dissenting vote in the House concurrence does little to detract from the overwhelming mandate.

As the session progresses, HB 128 stands as a model of effective legislation: targeted, cost-neutral, and broadly supported. Upon enactment, it will equip Virginia’s courts with a vital tool for managing caseloads while upholding rigorous standards of accountability. The swift passage reflects lawmakers’ commitment to a robust criminal justice framework that prioritizes efficiency and justice.

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