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HB 1299

Rules of construction; use of "shall."

2026 Regular Session Introduced by Karrie Delaney

HB 1299 standardizes how Virginia courts interpret the word "shall" in statutes to reduce legal ambiguity and ensure consistent application across state law.

Assigned HRUL sub: Studies Subcommittee
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Bill Summary · HB 1299

Legislative bill overview

HB 1299 modifies Virginia's statutory rules of construction regarding the word "shall" in legislative language. The bill clarifies how courts should interpret statutes containing "shall" to ensure consistent legal understanding across state law. This is a technical legislative measure focused on standardizing interpretation methodology rather than changing substantive law.

Why is this important

Rules of construction are foundational to how courts interpret statutes, affecting countless legal disputes and administrative decisions. Unclear or inconsistent interpretation of "shall" (versus "must," "may," or other directive language) can lead to conflicting court rulings and legal uncertainty. Standardizing these rules reduces litigation costs and creates more predictable legal outcomes for individuals, businesses, and government agencies.

Potential points of contention

  • Retroactive application: Unclear whether new construction rules would apply to existing statutes, potentially disrupting settled legal interpretations and creating litigation over previously decided cases
  • Judicial discretion limits: Strict rules of construction may constrain courts' ability to apply equitable principles or account for legislative intent in ambiguous situations
  • Technical scope: The bill's actual language isn't provided, so stakeholders may debate whether the "shall" definition is too narrow, too broad, or creates unintended consequences for specific legal contexts (criminal law, administrative regulations, contracts)

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

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