Juvenile intake and petition; appeal to a magistrate on a finding of no probable cause. (HB1878)

Introduced By

Del. Clinton Jenkins (D-Suffolk) with support from co-patrons Del. Charniele Herring (D-Alexandria), Del. Patrick Hope (D-Arlington), Del. Alfonso Lopez (D-Arlington), and Del. Ibraheem Samirah (D-Herndon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Juvenile intake and petition; appeal to a magistrate on a finding of no probable cause. Limits the ability to appeal a decision by an intake officer not to authorize a petition relating to an offense that, if committed by an adult, would be punishable as a Class 1 misdemeanor or felony, when the decision is based solely upon a finding of no probable cause. The bill requires the application for a warrant to the magistrate to be filed within 10 days of the issuance of the written notification from the intake officer to the complainant of the refusal to authorize a petition. The bill also provides that such written notification shall indicate that the intake officer made a finding that no probable cause exists and provide notice that the complainant has 10 days to apply for a warrant to the magistrate. The bill requires the complainant to provide the magistrate with a copy of the written notification upon application to the magistrate. The bill also specifies that if an intake officer finds (i) probable cause and (ii) that the matter is appropriate for diversion, this decision is final, and the complainant shall not have the right to appeal the decision to a magistrate. Read the Bill »


02/25/2021: signed by governor


01/08/2021Prefiled and ordered printed; offered 01/13/21 21101948D
01/08/2021Referred to Committee for Courts of Justice
01/14/2021Assigned Courts sub: Criminal
01/15/2021House subcommittee amendments and substitutes offered
01/15/2021Subcommittee recommends reporting with amendments (6-Y 1-N)
01/20/2021Reported from Courts of Justice with amendment(s) (16-Y 5-N) (see vote tally)
01/21/2021Read first time
01/22/2021Read second time
01/22/2021Committee amendment agreed to
01/22/2021Engrossed by House as amended HB1878E
01/22/2021Printed as engrossed 21101948D-E
01/25/2021Read third time and passed House (64-Y 36-N)
01/25/2021VOTE: Passage (64-Y 36-N) (see vote tally)
01/26/2021Impact statement from DPB (HB1878E)
01/26/2021Constitutional reading dispensed
01/26/2021Referred to Committee on the Judiciary
02/05/2021Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N) (see vote tally)
02/10/2021Reported from Judiciary (9-Y 6-N) (see vote tally)
02/12/2021Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/15/2021Read third time
02/15/2021Passed Senate (21-Y 18-N) (see vote tally)
02/17/2021Bill text as passed House and Senate (HB1878ER)
02/17/2021Signed by President
02/18/2021Impact statement from DPB (HB1878ER)
02/18/2021Signed by Speaker
02/19/2021Enrolled Bill communicated to Governor on February 19, 2021
02/19/2021G Governor's Action Deadline 11:59 p.m., February 26, 2021
02/25/2021G Approved by Governor-Chapter 30 (effective 7/1/21)
02/25/2021G Acts of Assembly Chapter text (CHAP0030)