House Bill 26-021

This act substantially ends the use of grand juries for routine criminal prosecutions and requires felony charges to generally proceed through sworn probable cause affidavits reviewed by a judge. Grand juries may still be used in limited circumstances involving complex multi-defendant investigations, organized crime, public corruption, confidential witnesses, or alleged criminal conduct by law enforcement officers and public officials. Investigative grand juries may also continue to exercise subpoena and investigative authority, but felony charges generally may not be initiated by grand jury indictment outside the exceptions established by the act.

This act requires every felony prosecution initiated through the ordinary process to be supported by a sworn probable cause affidavit containing specific facts, identifying the sources of information relied upon, and providing enough information for independent judicial review. A judge must generally review the affidavit within 48 hours, and charges may not be filed when probable cause cannot be established. Prosecutors must review and certify felony affidavits before filing, knowingly including materially false information constitutes perjury, and prosecutors who repeatedly submit unsupported charges may be referred for professional discipline. Probable cause proceedings must also be recorded and preserved as part of the official court record.

This act provides defendants greater opportunity to challenge the basis for criminal charges before trial. Defendants may present limited evidence relevant to probable cause, challenge the sufficiency of an affidavit before a preliminary hearing, and request access to supporting materials necessary for meaningful review. Courts may dismiss charges or require an affidavit to be amended when its allegations fail to establish probable cause. Affidavits may be temporarily sealed or redacted when necessary to protect confidential informants, witnesses, or ongoing investigations, but sealing orders must be narrowly tailored and periodically reviewed. In emergencies, a person may still be arrested before judicial review when immediate detention is necessary for public safety, but a sworn affidavit and judicial probable cause determination must occur within 72 hours.

This act preserves indictments returned before its effective date and allows certain pending grand jury proceedings to continue when ending them would substantially prejudice an ongoing prosecution. The Judicial Branch must report to the General Assembly within two years on charging timelines, dismissal rates, effects on complex prosecutions, case-processing times, prosecutorial practices, and access to judicial review. This act was approved April 17, 2026, and is scheduled to take effect August 18, 2026.