Using JLARC’s Racial & Ethnic Impact Statements Can Improve Fairness in Virginia’s Criminal Legal System

Virginia’s public policy should be grounded in evidence, transparency, and a commitment to advancing racial and economic justice. It’s critical that legislators know more than just how a bill impacts the budget, they need to know how proposed policies may create or remove barriers for different communities across the commonwealth. 

Racial and ethnic impact statements (REIS) give lawmakers a clear, data-informed way to understand the likely consequences of a bill before votes are cast, whether a proposal risks causing harm or has the potential to meaningfully improve outcomes for Virginia communities. The REIS produced by the Joint Legislative Audit and Review Commission (JLARC), the state’s research agency, for Senate Bill 947 during the 2025 session highlighted the importance of this tool and gave advocates information to respond to a bill that would have increased traffic stops based solely on suspicion. Just as fiscal impact statements (FIS) have become a routine part of evaluating legislation, equity-focused tools should be treated the same way. By leveraging the use of REIS early in the process, advocates and legislators can build on recent progress to reform Virginia’s criminal legal policies and make sure everyone — no matter their race or wealth — has a fair chance to thrive.

How REIS Are Requested and Why Early Advocacy Matters

When used strategically, REIS strengthen both defensive and proactive legislative efforts, since they can and should be used to highlight risks or demonstrate how a reform can improve fairness. Laws that increase enforcement, penalties, or police discretion may exacerbate harm and warrant an early equity analysis. Bills that eliminate fees, expand diversion, or improve access to counsel would benefit from an REIS to show their potential to improve outcomes for communities most impacted by the legal system.

REIS are a critical tool, but they are also limited in their availability and restricted to criminal justice-related proposals. Under Va. Code § 30-19.1:13, the Chairs of the House Courts of Justice Committee and the Senate Judiciary Committee may each request up to three REIS per session. Because of this limited number and the fast pace of the General Assembly, timing and coordination are critical. Many criminal justice bills are posted to the Legislative Information System (LIS) in the weeks leading up to session. This provides advocates and legislative patrons the opportunity to identify which bills would benefit from an REIS and begin conversations with the appropriate committee chair before the challenging pace of session sets in. Early collaboration with bill champions, coalition partners, and people impacted by the criminal legal system can be pivotal in deciding which bills to prioritize for an REIS.

Insights from the SB 947 REIS

During the 2025 legislative session, TCI and partners urged the development of an REIS for Senate Bill (SB) 947. The bill would have allowed officers to stop drivers solely based on the odor of marijuana and reinstate the use of pretextual stops — minor traffic stops used to look for more serious violations. JLARC’s analysis confirmed significant equity concerns. 

Police are more likely to stop, search, and arrest Black drivers compared to white drivers, according to 2023 data from Virginia’s Community Policing Act. And enforcement practices result in a higher likelihood of Black drivers being stopped for low-level issues that are common across all motorists. Because of these dynamics, the REIS for SB 947 showed that Black drivers are more likely to be found in violation of nearly every relevant motor vehicle rule in the Code of Virginia (Title 46.2), including expired registration, improper brake lights, and other common stop-initiating violations. The assessment also showed that Black people “would likely be disproportionately affected” by the bill through increased DUI-drug charges. Expanding the use of stops based on suspicion, rather than actual traffic violations such as speeding, reckless driving, or driving under the influence, can lead to biased policing based on stereotypes and implicit bias and worsen outcomes for Black drivers. 

REIS provide lawmakers with evidence-based insight into how the proposal would interact with existing disparities. Thankfully, SB 947 did not make it out of committee. 

Why Legislators Need To Leverage REIS 

The likely effects of SB 947 are not unique, but are part of a larger pattern. From the first point of contact to the harshest forms of punishment, the criminal legal system discriminates against Black Virginians at nearly every stage. State data show that Black adults are 2.5 times more likely to be arrested, and once drawn into the system, they are more than twice as likely to be placed on probation, nearly 4 times more likely to be incarcerated in prison, and over 8 times more likely to be under parole supervision than white adults. Fines, fees, and court debt also fall disproportionately on Black and low-income communities, compounding the consequences of initial system contact and making it harder to exit the system once involved. Without assessing whether a bill is likely to mitigate or worsen these harms, lawmakers risk perpetuating a harmful legacy that the commonwealth has spent years trying to address. 

When the General Assembly created racial and ethnic impact statements in 2021 (HB 1990 by then-Delegate Aird), it gave legislators an objective, data-informed way to evaluate whether a proposal may reinforce existing inequities or create new barriers for communities that already face disproportionate harm before decisions are made. It is vital that lawmakers leverage this tool when considering their policy choices.

Expanding the Promise of REIS

As we look ahead to the 2026 legislative session, TCI encourages advocates and legislators to:

• initiate REIS conversations early, especially as bills begin appearing in LIS; 
• use REIS proactively to strengthen positive reforms, not just to stop harmful bills; and 
• partner with community groups and directly impacted individuals when determining which bills should receive an REIS. 

Lawmakers may also consider expanding this process by lifting the three-per-chamber cap and exploring REIS for other policy areas such as health care, education, environmental justice, and economic opportunity.

The value of racial and ethnic impact statements grows when they are treated as a regular part of the policymaking process and applied to bills that may either cause harm and those designed to advance equity. By further integrating this type of analysis into the General Assembly’s workflow and eventually lifting the three-per-chamber cap, Virginia can make sure that more policies are guided by the best available data and move the commonwealth toward a more fair and equitable future.

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Decriminalizing Poverty