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HB 489

Restorative justice practices; definitions, effect of participation, immunity from civil liability.

2026 Regular Session Introduced by Patrick Hope and 2 co-sponsors

Virginia bill HB 489 shields restorative justice participants' communications from court discovery to encourage candid dialogue between offenders, victims, and facilitators.

Senate insisted on substitute with amendment
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Bill Summary · HB 489

Legislative bill overview

HB 489 would establish legal protections for communications made during restorative justice practices in Virginia, making certain statements inadmissible in court discovery and disclosure proceedings. The bill aims to encourage participation in restorative justice programs by protecting participants' statements from being used against them in litigation. This applies to voluntary, confidential communications between offenders, victims, and facilitators within approved restorative justice processes.

Why is this important

Restorative justice programs rely on honest, candid dialogue to be effective—participants are unlikely to engage meaningfully if their words can be weaponized in court later. By creating a "safe space" for these conversations, the bill could increase program participation and potentially improve outcomes for both victims and offenders. However, this also creates tension between encouraging rehabilitation and ensuring full disclosure of relevant information in legal proceedings.

Potential points of contention

  • Scope of protection: The bill's language regarding "certain communications" is broad and undefined, raising questions about which statements qualify for protection and whether this could shield admissions of guilt or evidence of other crimes
  • Victim access to information: Victims and their attorneys may oppose restrictions that limit their ability to access statements made during restorative justice processes relevant to their cases
  • Balance with defendant rights: Defense attorneys may argue that protections should not prevent defendants from accessing exculpatory evidence or statements that could support their legal defense

Compiled from official sources — confirm details with the bill’s official record.

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