Electronic discovery bill proposed in Virginia Senate by Sen. Carroll Foy

Jennifer Carroll Foy, Virginia State Senator for 33rd District
Jennifer Carroll Foy, Virginia State Senator for 33rd District
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State Sen. Jennifer D. Carroll Foy has introduced legislation seeking to standardize the electronic transfer of discovery materials from prosecutors to defense attorneys in Virginia criminal cases, according to the Virginia State Senate.

The measure, SB24, was introduced Jan. 14, 2026, during the 2026 regular session. It is formally described as: “Discovery; methods of delivery, accused may request of any materials or evidence, etc., report.”

Below is a summary based on the final bill language, with some interpretation provided for clarification.

This proposal would require that in Virginia criminal matters, prosecutors deliver discovery documents to defense counsel by electronic means—like email, flash drives, or file-sharing platforms—unless physical copies are specifically requested, the law prohibits such distribution, or electronic transmission cannot be done. The bill defines “electronic means,” directs that hard copies are to be provided if electronic delivery cannot be executed and is not barred, and requires that for district court prosecutions led by the Commonwealth’s attorney, police reports be shared at least 10 days before trial or a preliminary hearing, with allowable redactions. It also reiterates the ongoing obligation to continue disclosure as outlined in existing court rules and permits courts to impose remedies for failure to comply.

Sen. Jennifer D. Carroll Foy (Democrat-33rd District) is the sole patron of this bill.

Since this session began, Carroll Foy has also sponsored 11 additional pieces of legislation.

Carroll Foy is a graduate of Virginia Military Institute, receiving her BA in 2003, and later completed a JD at the Thomas Jefferson School of Law in 2010.

A member of the Democratic Party, Carroll Foy was elected to represent Virginia’s 33rd Senate district in 2024, succeeding Jennifer Boysko.

In Virginia, the process for enacting legislation begins with the introduction of a bill in either the House of Delegates or Senate. The bill receives committee assignment, is reviewed and possibly amended, and if it passes committee is sent to the full chamber for debate and voting. After passage by both the House and Senate, it is sent to the governor for signing, veto, or becomes law without signature. The General Assembly convenes for its regular annual session on the second Monday in January, during which legislators propose hundreds of bills, though only a share make it into law.

Bills Introduced by Your Senators in Virginia Senate in the Last 2 Sessions

Legislative Session Patron(s) Bill Number Date Introduced Short Description
2026 Jennifer D. Carroll Foy SB24 01/14/2026 Discovery; methods of delivery, accused may request of any materials or evidence, etc., report.
2026 Jennifer D. Carroll Foy and Jessica L. Anderson SB25 01/14/2026 Offshore wind industry; workforce development.
2026 Jennifer D. Carroll Foy SB26 01/14/2026 Land development; definitions, solar canopies in surface parking areas, delayed effective date.
2026 Jennifer D. Carroll Foy, Russet Perry, Kannan Srinivasan, Saddam Azlan Salim, and Scott A. Surovell SB27 01/14/2026 Firearm industry members; definitions, standards of responsible conduct, civil liability.
2026 Jennifer D. Carroll Foy SB28 01/14/2026 Overtime for certain employees; pay for domestic workers, delayed effective date.
2026 Jennifer D. Carroll Foy and Saddam Azlan Salim SB121 01/14/2026 Minimum wage; farm laborers or farm employees, temporary foreign workers.
2026 Jennifer D. Carroll Foy, Jeremy S. McPike, and Scott A. Surovell SB361 01/14/2026 Health insurance; coverage for contraceptive drugs & devices, including over-the-counter.
2026 Jennifer D. Carroll Foy and Saddam Azlan Salim SB364 01/14/2026 Virginia Gun Violence Prevention Center; work group to develop policy, etc., to establish.
2026 Jennifer D. Carroll Foy SB369 01/14/2026 Civil actions; assignment as business litigation action, requirements, delayed effective date.
2026 Jennifer D. Carroll Foy, Barbara A. Favola, Jeremy S. McPike, and Scott A. Surovell SB596 01/14/2026 Contraception; definitions, establishes right to obtain, applicability, enforcement.
2026 Jennifer D. Carroll Foy SB630 01/14/2026 Health insurance; tobacco surcharge.
2026 Jennifer D. Carroll Foy SB721 01/14/2026 Maternal Health Monitoring Pilot Program; established, report.
2025 Jennifer D. Carroll Foy, Ghazala F. Hashmi, Angelia Williams Graves, and Kannan Srinivasan SB780 01/08/2025 Health insurance; coverage for contraceptive drugs and devices.
2025 Jennifer D. Carroll Foy SB781 01/08/2025 Retired or former law-enforcement officers; publication of personal information.
2025 Jennifer D. Carroll Foy SB847 01/08/2025 Reckless driving; improper driving as a lesser included offense.
2025 Jennifer D. Carroll Foy SB897 01/08/2025 Overtime for certain employees; domestic service workers and live-in domestic workers.
2025 Jennifer D. Carroll Foy SB962 01/08/2025 Va. Public Procurement Act; additional public works contract requirements.
2025 Jennifer D. Carroll Foy, Barbara A. Favola, Christie New Craig, and Kannan Srinivasan SB963 01/08/2025 Discovery materials or evidence; allows accused to request the Commonwealth to copy or photograph.
2025 Jennifer D. Carroll Foy SB965 01/08/2025 District courts; recording of proceedings.
2025 Jennifer D. Carroll Foy SB966 01/08/2025 Virginia Criminal Sentencing Commission; increase membership.
2025 Jennifer D. Carroll Foy SB968 01/08/2025 School boards; support services personnel, annual collection of certain staffing data required.

Data for this article comes from the Virginia State Senate. The original data set is available here.



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