Virginia Criminal Justice Policy

Virginia Democrats have introduced House Bill 863, a proposal that would eliminate statutory mandatory minimum prison terms for a range of serious offenses, including manslaughter, rape, possession and distribution of child pornography, assaulting a law‑enforcement officer and certain repeat violent felonies, as well as the five‑day mandatory minimum for some first‑time DUI convictions. The measure, filed by Del. Rae Cousins within days of Gov. Abigail Spanberger’s Jan. 17, 2026 inauguration, is framed by its sponsor as a "common‑sense" move to end one‑size‑fits‑all sentencing and give judges more discretion to tailor punishment to the facts of each case. Former Republican attorney general Jason Miyares and law‑enforcement expert Josh Ederheimer warn the bill could lead to quicker releases, reduced accountability and greater risk that violent offenders reoffend without the public being adequately warned. The fight over HB 863 sits squarely in a broader national debate, amplified on social media, over whether rolling back mandatory minimums is needed to curb mass incarceration or instead weakens deterrence and victims’ leverage in plea negotiations. The bill will be debated during the current General Assembly session and, if passed, would significantly reshape Virginia’s approach to punishing some of its most serious crimes.