HB 863 — Offenses, certain; elimination of mandatory minimum sentences.

Summary

Elimination of mandatory minimum sentences for certain offenses. Eliminates the mandatory minimum term of confinement for certain crimes.

Bill Text

• Introduced View text Current pdf

Compared against the Code of Virginia as published AI-generated reading aid — verify against the official bill.

This bill amends 9 section(s) of the Code of Virginia: 3.2-4212, 4.1-302, 16.1-253.2, 18.2-36.1, 18.2-36.2, 18.2-46.3:3.

• 3.2-4212

  shall be → is

  Replaces “shall be” with “is”.

• 3.2-4212

  involving less than 3,000 packages of cigarettes

  Strikes “involving less than 3,000 packages of cigarettes”.

• 3.2-4212

  A violation of this section involving 3,000 or more packages of cigarettes is a Class 1 misdemeanor, and, upon conviction, the sentence of such person shall include a mandatory minimum term of confinement of 90 days.

  Strikes “A violation of this section involving 3,000 or more packages of cigarettes is a Class 1 misdemeanor, and, upon conviction, the sentence of such person shall include a mandatory minimum term of confinement of 90 days.”.

• 4.1-302

  shall be → is

  Replaces “shall be” with “is”.

• 4.1-302

  In the event of a second or subsequent conviction under this section, a jail sentence of no less than thirty days shall be imposed and in no case be suspended.

  Strikes “In the event of a second or subsequent conviction under this section, a jail sentence of no less than thirty days shall be imposed and in no case be suspended.”.

• 16.1-253.2

  mandatory minimum

  Strikes “mandatory minimum”.

• 16.1-253.2

  mandatory minimum

  Strikes “mandatory minimum”.

• 16.1-253.2

  The mandatory minimum terms of confinement prescribed for violations of this section shall be served consecutively with any other sentence.

  Strikes “The mandatory minimum terms of confinement prescribed for violations of this section shall be served consecutively with any other sentence.”.

• 16.1-253.2

  for which a mandatory minimum term of confinement is not specified, the person shall be sentenced to a term of confinement and in no case shall the entire term imposed be suspended. Upon conviction

  Strikes “for which a mandatory minimum term of confinement is not specified, the person shall be sentenced to a term of confinement and in no case shall the entire term imposed be suspended. Upon conviction”.

• 18.2-36.1

  shall be → is

  Replaces “shall be” with “is”.

• 18.2-36.1

  shall be → is

  Replaces “shall be” with “is”.

• 18.2-36.1

  , one year of which shall be a mandatory minimum term of imprisonment

  Strikes “, one year of which shall be a mandatory minimum term of imprisonment”.

• 18.2-36.2

  shall be → is

  Replaces “shall be” with “is”.

• 18.2-36.2

  , one year of which shall be a mandatory minimum term of imprisonment

  Strikes “, one year of which shall be a mandatory minimum term of imprisonment”.

• 18.2-46.3:3

  Any person who violates § 18.2-46.2 (i) upon the property, including buildings and grounds, of any public or private elementary, secondary, or postsecondary school or institution of higher education; (ii) upon public property or any property open to public use within 1,000 feet of such school property; (iii) on any school bus as defined in § 46.2-100; or (iv) upon the property, including buildings and grounds, of any publicly owned or operated community center or any publicly owned or operated recreation center is guilty of a felony punishable as specified in § 18.2-46.2, and shall be sentenced to a mandatory minimum term of imprisonment of two years to be served consecutively with any other sentence.

  Strikes “Any person who violates § 18.2-46.2 (i) upon the property, including buildings and grounds, of any public or private elementary, secondary, or postsecondary school or institution of higher education; (ii) upon public property or any property open to public use within 1,000 feet of such school property; (iii) on any school bus as defined in § 46.2-100; or (iv) upon the property, including buildings and grounds, of any publicly owned or operated community center or any publicly owned or operated recreation center is guilty of a felony punishable as specified in § 18.2-46.2, and shall be sentenced to a mandatory minimum term of imprisonment of two years to be served consecutively with any other sentence.”.

• 18.2-46.3:3

  (i)

  Inserts “(i)”.

• 18.2-46.3:3

  any

  Strikes “any”.

• 18.2-46.3:3

  the

  Inserts “the”.

• 18.2-46.3:3

  listed in this section → , including building and grounds, of any public or private elementary, secondary, or postsecondary school or institution of higher education; (ii)

  Replaces “listed in this section” with “, including building and grounds, of any public or private elementary, secondary, or postsecondary school or institution of higher education; (ii)”.

• 18.2-46.3:3

  upon

  Inserts “upon”.

• 18.2-46.3:3

  public property or any property open to public use within 1,000 feet of such school property; (iii) on any school bus as define

  Inserts “public property or any property open to public use within 1,000 feet of such school property; (iii) on any school bus as define”.

• 18.2-46.3:3

  d in § 46.2-100; or (iv) upon the property, including buildings and grounds, of any public

  Inserts “d in § 46.2-100; or (iv) upon the property, including buildings and grounds, of any public”.

• 18.2-46.3:3

  ly

  Inserts “ly”.

• 18.2-46.3:3

  owned or operated community center or any publicly owned or operated recreation center

  Inserts “owned or operated community center or any publicly owned or operated recreation center”.

• 18.2-46.3:3

  (iii) → (iv)

  Replaces “(iii)” with “(iv)”.

• 18.2-51.1

  Upon conviction, the sentence of such person shall include a manda

  Strikes “Upon conviction, the sentence of such person shall include a manda”.

• 18.2-51.1

  tory minimum term of imprisonment of two years.

  Strikes “tory minimum term of imprisonment of two years.”.

• 18.2-51.1

  , and upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of one year

  Strikes “, and upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of one year”.

• 18.2-53.1

  shall be → is

  Replaces “shall be” with “is”.

• 18.2-53.1

  ,

  Inserts “,”.

• 18.2-53.1

  and any person found guilty thereof shall be sent

  Strikes “and any person found guilty thereof shall be sent”.

• 18.2-53.1

  enced to a mandatory minimum term of imprisonment of three years

  Strikes “enced to a mandatory minimum term of imprisonment of three years”.

• 18.2-53.1

  punishable by a term of imprisonment of not less than one year nor more than three years, or in the discretion of the jury, or the court trying

  Inserts “punishable by a term of imprisonment of not less than one year nor more than three years, or in the discretion of the jury, or the court trying”.

• 18.2-53.1

  the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both,

  Inserts “the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both,”.

• 18.2-53.1

  to a mandatory minimum term of five years → is punishable as a Class 6 felony

  Replaces “to a mandatory minimum term of five years” with “is punishable as a Class 6 felony”.

• 18.2-53.1

  Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.

  Strikes “Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.”.

• 18.2-57

  mandatory minimum

  Strikes “mandatory minimum”.

• 18.2-57

  , two days of which shall be a mandatory minimum term of confinement

  Strikes “, two days of which shall be a mandatory minimum term of confinement”.

• 18.2-57

  sentence of such

  Inserts “sentence of such”.

• 18.2-57

  serve → include

  Replaces “serve” with “include”.

Action History

1. July 21, 2026

   Continued from last session

2. March 06, 2026

   Racial and Ethnic Impact Statement From JLARC (3/6/2026 3:51 pm)

3. February 05, 2026

   Fiscal Impact Statement from Department of Planning and Budget (HB863)

4. February 04, 2026

   Continued to next session in Courts of Justice (Voice Vote)

5. February 03, 2026

   Assigned HCJ sub: Criminal

6. January 13, 2026

   Referred to Committee for Courts of Justice

7. January 13, 2026

   Prefiled and ordered printed; Offered 01-14-2026 26102686D

Sponsors

• Rae Cousins · Primary

Subjects