Virginia once again weighs ending suicide as common law crime

(The Center Square) – Virginia lawmakers are once again considering legislation that would formally remove suicide as a crime under the commonwealth’s common law, a legal status that has remained in place for centuries despite having no criminal penalty.

Under current Virginia law, suicide is not listed in the criminal code and cannot be prosecuted. However, because Virginia still recognizes English common law, suicide technically remains a crime unless the General Assembly explicitly repeals it.

House Bill 43 would abolish the common law crime of suicide and set a delayed effective date of July 1, 2027. The bill also directs the Bureau of Insurance within the Virginia State Corporation Commission to study how removing the common law classification could affect insurance policies across the commonwealth.

The bill requires the bureau to submit its findings and any recommendations by Nov. 1, 2026, to the chairs of the House and Senate Courts of Justice committees.

Similar proposals have been introduced repeatedly over the past decade, including measures in 2014, 2015, 2018, 2020and2021, but none were ultimately enacted.

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The bill is being considered as a new administration takes office and Democrats hold control of the governor’s office and both chambers of the General Assembly.

The bill’s delayed effective date means the change would not take effect immediately, even if lawmakers approve it this session. The insurance review is scheduled to be completed first, with findings due to the Courts of Justice committees in late 2026.

Suicide remains a serious public health issue in the commonwealth. According to the Virginia Department of Health, 1,239 Virginians died by suicide in 2023, compared with 1,142 deaths in 2019.

If approved, House Bill 43 would remove suicide from Virginia’s common law and take effect July 1, 2027.

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