An Act to amend and reenact § 15.2-926 of the Code of Virginia, relating to prohibiting loitering; age restrictions on trick-or-treating.
Summary
HB1395 amends Virginia Code § 15.2-926, a local-government authority statute governing loitering, juvenile curfews, and regulation of minors in public places. The bill keeps existing local powers to prohibit loitering and to restrict minors from being in public places between 10:00 p.m. and 6:00 a.m. by ordinance, and it preserves local authority to regulate minors’ presence in places of amusement. It also clarifies that public libraries are included within the term “public place.”
The bill’s new substantive provision prohibits localities from imposing age-based restrictions on trick-or-treating that are stricter than the locality’s general loitering or curfew rules under this section. In effect, local governments may still enforce ordinary curfew or loitering ordinances, but they may not single out trick-or-treating with additional age limits beyond those general rules. The act is also subject to a reenactment requirement, meaning it will not take effect unless the General Assembly reenacts it in the 2027 Session.
Impact
HB1395 changes state law by limiting how far local ordinances may go in regulating Halloween trick-or-treating, while leaving intact the broader framework for juvenile curfews and loitering restrictions under § 15.2-926. It affects localities, minors, parents, and enforcement of municipal public-safety ordinances, and it expressly expands the statutory definition of “public place” to include public libraries. The reenactment clause means the amendment is temporary unless renewed by the legislature in 2027.
Sentiment
The bill appears to have received mixed but ultimately sufficient support. It passed the House and Senate, but the recorded votes show notable opposition at several stages, especially in the House and Senate floor votes, indicating that while many lawmakers supported the measure, a substantial minority had reservations. The absence of committee transcript discussion limits insight into detailed arguments, but the vote pattern suggests the bill was generally acceptable to a majority while still controversial.
Contention
The main point of contention is the balance between local control and statewide limits on municipal regulation. Supporters likely viewed the bill as preventing overly restrictive or inconsistent age rules for a common family activity, while opponents may have objected to reducing local discretion over public-safety ordinances. Another possible issue is the broader policy question of whether local governments should be able to tailor trick-or-treating rules to community conditions, especially given the bill’s restriction on age-based limits. The reenactment requirement also suggests some lawmakers wanted a delayed or conditional approach rather than permanent enactment.