SB 23: Plea agreements and court orders; prohibited provisions.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. April 13, 2026Vetoed by Governor
2. March 14, 2026Governor's Action Deadline 11:59 p.m., April 13, 2026
3. March 14, 2026Enrolled Bill communicated to Governor on March 14, 2026
4. March 10, 2026Enrolled
5. March 10, 2026Signed by President
6. March 10, 2026Signed by Speaker
7. March 10, 2026Fiscal Impact Statement from Department of Planning and Budget (SB23)
8. March 10, 2026Enrolled
9. March 4, 2026Passed House (64-Y 34-N 1-A)
10. March 4, 2026Read third time
11. March 3, 2026Read second time
12. March 2, 2026Reported from Courts of Justice (15-Y 7-N)

Showing 12 most recent of 29 actions. Full history