Virginia HB 1298: Human trafficking; issuance of vacatur for victims, definitions.

Bill Text

2026 SESSION

INTRODUCED

26104783D

HOUSE BILL NO. 1298

Offered January 15, 2026

A BILL to amend and reenact §§ 19.2-327.15 through 19.2-327.19 of the Code of Virginia, relating to issuance of vacatur for victims of human trafficking.

—————

Patrons—Delaney, Simonds, Cherry and Tata

—————

Referred to Committee for Courts of Justice

—————

Be it enacted by the General Assembly of Virginia:

1. That §§ 19.2-327.15 through 19.2-327.19 of the Code of Virginia are amended and reenacted as follows:

§ 19.2-327.15. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Ancillary matter" means any (i) violation or alleged violation of the terms and conditions of a suspended sentence, probation, or parole; (ii) violation or alleged violation of contempt of court; (iii) charge or conviction for failure to appear; or (iv) appeal from a bail, bond, or recognizance order related to a qualifying offense.

"Labor trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to debt bondage, involuntary servitude, peonage, or slavery.

"Qualifying offense" means a conviction or adjudication of delinquency for any attempted, completed, or conspired (i) violation of § 18.2-250 or (ii) felony that is not a violent felony offense listed under subsection C of § 17.1-805, (ii) misdemeanor violation of § 18.2-96; subsection A of § 18.2-108; § 18.2-108.01, 18.2-117, 18.2-118, 18.2-119, 18.2-137, 18.2-146, 18.2-147, 18.2-160.2, 18.2-173, 18.2-178, 18.2-181, or 18.2-186.2; subdivision B 1 of § 18.2-186.3; § 18.2-195, 18.2-197, 18.2-206, 18.2-258, 18.2-266.1,18.2-346, 18.2-347, 18.2-349, 18.2-388, 18.2-415, 46.2-300, or 46.2-301; or subdivision A 1, 2, or 3 of § 46.2-346, or (iii) specifically identified ancillary matter.

"Sex trafficking" means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act that is induced by force, fraud, or coercion or in which the person induced to perform such act has not attained 18 years of age.

"Victim of human trafficking" means any person subjected to an act or the practice of labor trafficking or sex trafficking, regardless of whether any other person has been charged with or convicted of an offense related to the labor trafficking or sex trafficking of such person. 

§ 19.2-327.16. Issuance of writ of vacatur for victims of human trafficking.

A. Notwithstanding any other provision of law or rule of court, upon a petition of a person who was arrested for, charged with, or convicted or adjudicated delinquent of a qualifying offense, the circuit court of the county or city in which the such arrest, charge, conviction, or adjudication of delinquency was entered shall have the authority to issue writs of vacatur under this chapter. Such court shall also have the authority to issue writs of vacatur under this chapter for any specifically identified ancillary matter.

B. The Rules of Supreme Court of Virginia governing practice and procedures in civil actions shall be applicable to proceedings under this chapter.

C. The circuit court shall have the authority to conduct hearings on petitions for vacatur.

D. Any party aggrieved by the decision of the circuit court may appeal the such decision to the Supreme Court of Virginia.

§ 19.2-327.17. Contents and form of the petition for vacatur.

A. Any victim of human trafficking may file a petition for vacatur setting forth the relevant facts and requesting that any arrest record or charge, the judgment of a conviction or adjudication of delinquency, or an ancillary matter, if any, be vacated. Such petition shall allege categorically and with specificity, under oath, all of the following:

1. The petitioner was arrested for, charged with, or convicted or adjudicated delinquent of a qualifying offense, including the date on which the qualifying offense occurred, the date of final disposition on which the conviction or adjudication of delinquency was entered, the petitioner's date of birth, and the full name used by the petitioner at the time of the offense;

2. The petitioner was a victim of human trafficking at the time he committed, was arrested for, or was charged with the qualifying offense and his status as a victim of human trafficking was the proximate cause of the such arrest, charge, or commission of the qualifying offense; and

3. Whether the petitioner has previously filed any other petition in accordance with this chapter in any circuit court and, if so, the disposition of such petition.

B. Such Subject to the reasonable concerns for the safety of the petitioner, the petitioner's family, or any other victim of human trafficking who may be jeopardized by the filing of a petition, such petition shall contain all relevant allegations of facts that are known to the petitioner at the time