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Subcommittee approves technical fix to allow ancillary traffic infractions to be certified with felonies (HB128)

House Courts Subcommittee on Criminal Law · January 24, 2026
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Summary

A technical amendment recommended by the Virginia Criminal Justice Conference clarifies that ancillary traffic infractions may be certified along with felony charges when certifying misdemeanors up, and the subcommittee passed HB128 unanimously.

Delegate Colson presented HB128, a technical bill from the Virginia Criminal Justice Conference intended to clear confusion about whether ancillary traffic infractions may be certified together with felony charges when a case is certified up from misdemeanor. The sponsor said the change is a "clean fix" to existing practice.

Nathan Green, speaking for the VCJC and the Virginia Association of Commonwealth's Attorneys, indicated support. The committee moved, seconded and reported HB128 by unanimous vote, 10-0.

The bill is a narrow code clarification and was reported out of subcommittee without recorded opposition.