Rules of construction; use of "shall," effective clause, report.
Commonwealth of VirginiaVirginiaRules of construction; use of "shall." Provides that "shall," as used in the Code of Virginia, establishes a mandatory requirement and is not merely directory, unless the statute explicitly provides otherwise. The bill responds to the holding in Henderson v. Commonwealth, 77 Va. App. 250 (2023), in which the Court of Appeals held that when the General Assembly uses "shall" in a statute commanding action by a public official or public body such usage is directory and not mandatory. The foregoing provisions of the bill do not become effective unless reenacted by the 2027 Session of the General Assembly. The bill requires, effective in due course, the Virginia Code Commission to review the bill's provisions and evaluate the bill's effect on the Code of Virginia and to report its findings and recommendations to the General Assembly no later than December 1, 2026.
- Status
- Engrossed
- Passed its first chamber
- Status date
- Feb 11, 2026
- 274 days ago
- Current chamber
- Senate
- Session
- 2027 Regular Session
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- Last action
- Continued from last session · Jul 21, 2026
- Pending committee
- Courts of Justice
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