A newly introduced bill in the Virginia House of Delegates could dramatically reshape the state’s criminal sentencing landscape by eliminating mandatory minimum prison terms for dozens of offenses.
House Bill 863, sponsored by Del. Cousins and prefiled on January 13, proposes amendments to more than 35 sections of the Virginia Code, including statutes governing drug distribution, firearm use, sexual assault, and repeat violent felonies.
The legislation marks one of the most expansive efforts to roll back mandatory minimums in Virginia history. If enacted, HB863 would remove fixed sentencing floors for crimes ranging from DUI manslaughter and child pornography production to the use of a firearm in the commission of a felony.
Among the most politically sensitive changes is the proposed repeal of mandatory minimums under §18.2-53.1, which currently imposes a three-year minimum for first-time firearm use during a felony and five years for subsequent offenses. HB863 would strike those provisions, allowing judges to impose sentences based on the facts of each case rather than statutory mandates.
HB863 is currently awaiting committee referral. If it advances, it will likely face intense scrutiny from prosecutors, law enforcement groups, and advocacy organizations on both sides of the criminal justice reform debate.
Democrats regained control of the legislature and governorship in the November elections, flipping the House of Delegates and expanding their majority in the Senate. The shift has opened the door for a wave of criminal justice legislation that stalled under divided government, and HB863 is among the first major proposals to test how aggressively the new majority intends to pursue sentencing reform.
