In the 2026 session of the Virginia General Assembly, legislation requiring enhanced access to discovery materials for the accused in criminal cases was enacted into law. House Bill 118, sponsored by Delegate Karen Keys-Gamarra, mandates that the Commonwealth provide copies of certain evidence to defendants upon request. The bill amends existing code sections to ensure that if the accused is permitted to inspect and review discovery materials, they can also obtain copies or photographs of those materials. Among the materials covered are relevant police reports, criminal records of the accused, footage from dashboard cameras, and footage from body-worn cameras used by law enforcement officers. The Commonwealth is obligated to furnish these copies to the accused or their legal counsel, provided they comply with all applicable rules of the Supreme Court of Virginia concerning redactions for sensitive information, restrictions on further dissemination, and any protective orders that may be in place. Materials that are prohibited from distribution by other laws remain protected and cannot be copied or provided.
A specific requirement for district court proceedings is that, upon request, the attorney for the Commonwealth must deliver a copy of any relevant police report to the counsel of record for the accused at least 10 days before the scheduled date for a trial or preliminary hearing. This timeline allows the defense additional opportunity to review the report prior to court proceedings. The new law adds these requirements to the Code of Virginia in a new article within Chapter 15 of Title 19.2, while also updating section 19.2-265.4.
Prefiled on January 2, 2026, and offered on January 14, 2026, the bill progressed through committees in the House of Delegates. It was reported favorably from the Courts Criminal Subcommittee by a vote of 9 to 1 and from the full Courts committee by 20 to 0. The House passed the bill 96 to 2. The bill then went to the Senate, where a substitute was reported from the Finance committee by 15 to 0 and passed the Senate 37 to 0. The House rejected the Senate substitute by 4 to 94, leading to a conference. The conference report was approved by the House 84 to 14 and the Senate 39 to 0. Following approval, the governor signed the measure, and it became Chapter 562 of the 2026 Acts of Assembly.
This legislation represents a significant update to the procedures for handling discovery in criminal cases across Virginia’s district courts. By requiring the provision of copies rather than just allowing inspection, the law ensures that the accused and their counsel have tangible access to the materials for thorough review and preparation. The inclusion of specific timelines for police reports in district court cases addresses the need for timely information ahead of important hearings. With the broad bipartisan approval reflected in the near-unanimous votes in the House and the strong support in the Senate for the final version, the law reflects a legislative agreement on these procedural changes. The requirements apply uniformly to all relevant cases in district courts throughout the state. Defense counsel can now request and receive copies of the specified materials, facilitating a more complete understanding of the evidence presented by the Commonwealth. The redaction and protective measures ensure that privacy and security concerns are addressed while providing the necessary access. This update to the criminal procedure code is now part of Virginia law following the 2026 session.
The bill’s provisions ensure that defense attorneys have the ability to obtain physical or photographic copies of key evidence items. This includes the ability to request copies of dashboard camera and body-worn camera footage, which can provide important visual evidence in many cases. Criminal records are also included, allowing for a comprehensive review of the accused’s history as it pertains to the current charges. The requirement for police reports to be provided 10 days in advance in district court cases is particularly important for preliminary hearings, where decisions about probable cause are made. Having the report in hand ahead of time enables counsel to prepare arguments and questions more effectively.
Throughout the legislative process, the bill garnered substantial support, as evidenced by the committee votes and floor votes in both chambers. The final conference report passing with minimal opposition in the House and none in the Senate underscores the agreement on the value of these discovery reforms. The law will apply to all district courts in Virginia, affecting cases ranging from misdemeanors to felonies heard at the district level. By mandating the copying and provision of these materials, the legislation updates the discovery process to better align with modern practices where digital and physical copies facilitate better case preparation.
