An Act to amend and reenact § 15.2-926 of the Code of Virginia, relating to prohibiting loitering; age restrictions on trick-or-treating.
HB1395 amends Virginia’s local-government authority over juvenile loitering and curfew ordinances. Under existing law, localities may prohibit minors from being in public places during certain nighttime hours and may regulate minors’ presence in places of amusement; the bill keeps those powers in place and adds a new statewide limitation on age-based restrictions for trick-or-treating.
Specifically, the bill provides that no locality may impose age restrictions on trick-or-treating that are stricter than the loitering or curfew rules already allowed under § 15.2-926. In effect, local governments may still enforce general curfew and loitering ordinances for minors, but they cannot create special trick-or-treating age limits that go beyond those broader rules. The act also includes a reenactment clause, meaning it does not take effect unless the General Assembly reenacts it in the 2027 Session.
The bill amends § 15.2-926 of the Code of Virginia, which governs local ordinances on loitering, curfews for minors, and related penalties. Its main legal effect is to preempt local ordinances that would impose additional age-based restrictions specifically on trick-or-treating, while leaving intact local authority over general curfew and loitering rules for minors. It also clarifies that public libraries remain included within the term “public place” for purposes of the statute.
The available record does not include committee transcripts or recorded votes, so there is no documented debate to measure directly. Based on the enacted text, the bill appears to reflect a moderate, limited regulatory approach: it preserves local curfew authority while preventing municipalities from singling out trick-or-treating for stricter age limits. The reenactment clause suggests the legislature wanted an additional review before the change becomes permanent.
The likely point of contention is the balance between local control and statewide uniformity. Supporters would likely favor protecting a traditional Halloween activity from overly restrictive local rules, while opponents may argue that localities should retain discretion to set age-based safety rules for minors during evening hours. Another possible issue is whether the bill meaningfully limits local public-safety authority or simply prevents unusually narrow trick-or-treating restrictions.