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HB268

Juveniles; evidence of trafficking, sexual abuse, or rape by the alleged victim.

Status:
Enacted

Latest Action: April 8, 2024
House: Impact statement from DPB (HB268ER)

Chief Patron:
Vivian Watts (D)

Session:
2024 Regular Session

Summary

As Passed Both Chambers. Juveniles; evidence of trafficking, sexual abuse, or rape by the alleged victim prior to or during the commission of the alleged offense; treatment and rehabilitation.

Requires a juvenile and domestic relations district court, when determining whether to retain jurisdiction of a juvenile defendant during a transfer hearing, to consider any evidence that such juvenile was a victim of felonious sexual assault or trafficking by the alleged victim prior to or during the commission of the alleged offense and that such alleged offense was a direct result of the juvenile being a victim of such felonious sexual assault or trafficking. The bill also requires that a study and report prior to a transfer hearing include any relevant information supporting an allegation that such juvenile was a victim of felonious sexual assault or trafficking by the alleged victim. The bill also creates a procedure for a juvenile to present such evidence in mandatory transfer cases that under current law require the juvenile and domestic relations district court to transfer the case to the circuit court and provides that upon a finding that the alleged offense was a direct result of the juvenile being a victim of such felonious sexual assault or trafficking, the juvenile and domestic relations district court can instead conduct a transfer hearing to determine whether to keep the case in juvenile court. The bill also creates a similar procedure allowing a juvenile to present such evidence in certain cases where current law requires the juvenile and domestic relations district court to transfer the case to circuit court if the attorney for the Commonwealth gives notice of an intent to proceed with such transfer. Also, in juvenile cases that are tried in circuit court, the bill allows the court to set aside a guilty verdict and instead render the juvenile delinquent if prior to the final order or within 21 days of such order, the court receives evidence that the juvenile was a victim of such felonious sexual assault or trafficking. Lastly, the bill states that it is the intent of the General Assembly that these juveniles be viewed as victims and provided treatment and services in the juvenile system. (Less)

  • Bill History

  • 01/05/2024 - House: Prefiled and ordered printed; offered 01/10/24 24101837D
  • 01/05/2024 - House: Referred to Committee for Courts of Justice
  • 01/23/2024 - House: Assigned Courts sub: Criminal
  • 01/26/2024 - House: House subcommittee amendments and substitutes offered
  • 01/26/2024 - House: Subcommittee recommends reporting with substitute (8-Y 0-N)
  • 02/02/2024 - House: Reported from Courts of Justice with substitute (21-Y 0-N)
  • 02/02/2024 - House: Committee substitute printed 24106337D-H1
  • 02/06/2024 - House: Read first time
  • 02/07/2024 - House: Read second time
  • 02/07/2024 - House: Committee substitute agreed to 24106337D-H1
  • 02/07/2024 - House: Engrossed by House - committee substitute HB268H1
  • 02/07/2024 - House: Impact statement from DPB (HB268H1)
  • 02/08/2024 - House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
  • 02/08/2024 - House: VOTE: Block Vote Passage (98-Y 0-N)
  • 02/09/2024 - Senate: Constitutional reading dispensed
  • 02/09/2024 - Senate: Referred to Committee for Courts of Justice
  • 02/28/2024 - Senate: Senate committee, floor amendments and substitutes offered
  • 02/28/2024 - Senate: Committee substitute printed 24107718D-S1
  • 02/28/2024 - Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
  • 03/01/2024 - Senate: Constitutional reading dispensed (40-Y 0-N)
  • 03/04/2024 - House: Impact statement from DPB (HB268S1)
  • 03/04/2024 - Senate: Read third time
  • 03/04/2024 - Senate: Reading of substitute waived
  • 03/04/2024 - Senate: Committee substitute agreed to 247107718D-S1
  • 03/04/2024 - Senate: Engrossed by Senate - committee substitute HB268S1
  • 03/04/2024 - Senate: Passed Senate with substitute (39-Y 0-N)
  • 03/05/2024 - House: Senate substitute agreed to by House 24107718D-S1 (100-Y 0-N)
  • 03/05/2024 - House: VOTE: Adoption (100-Y 0-N)
  • 03/25/2024 - House: Enrolled
  • 03/25/2024 - House: Bill text as passed House and Senate (HB268ER)
  • 03/25/2024 - Senate: Signed by President
  • 03/26/2024 - House: Signed by Speaker
  • 03/27/2024 - House: Enrolled Bill communicated to Governor on March 27, 2024
  • 03/27/2024 - Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024
  • 04/03/2024 - Governor: Approved by Governor-Chapter 365 (effective 7/1/24)
  • 04/03/2024 - Governor: Acts of Assembly Chapter text (CHAP0365)
  • 04/08/2024 - House: Impact statement from DPB (HB268ER)

Full text and vote history:

Virginia Legislative Information System

RichmondSunlight.com

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