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Va. Code Ann. § 1-238 (2026)

Reenacted

✓ current as of May 2026
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"Reenacted," when used in the title or enactment of a bill or act of the General Assembly, means that the changes enacted to a section of the Code of Virginia or an act of the General Assembly are in addition to the existing substantive provisions in that section or act, and are effective prospectively unless the bill expressly provides that such changes are effective retroactively on a specified date.

The provisions of this section are declaratory of existing public policy and law.

2001, c. 720, § 1-13.39:3; 2005, c. 839.

Notes of Decisions
Cited in 17 cases (17 in the last 5 years), 2021–2026 · leading case: Kristopher Ryan Smith v. Commonwealth of Virginia (Va. Ct. App. 2022).
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Kristopher Ryan Smith v. Commonwealth of Virginia (Va. Ct. App. 2022). · cites it 20× “Under Code § 1-238, and in accordance with the general principle that retroactive laws are disfavored, a reenacted code section is effective prospectively unless the General Assembly expressly provides otherwise.”
Jessie Lee Green v. Commonwealth of Virginia (Va. Ct. App. 2022). · cites it 14× “at 530, it would come as a surprise to many members of the legislature to learn that they expressed -9- Furthermore, according to Code § 1-238: “Reenacted,” when used in the title or enactment of a bill or act of the General Assembly, means that the changes enacted to a section…”
Michael Angelo Street v. Commonwealth of Virginia (Va. Ct. App. 2022). · cites it 10× “6 Code § 1-238 supports this result by analogy.”
Johnson-Bey v. Commonwealth (Va. 2024). · cites it 9× “Code § 1-238 (emphasis added). Code § 1-238 and its predecessors are “declaratory of existing public policy and law.”
Brandon Alan McCarthy v. Commonwealth of Virginia (Va. Ct. App. 2021). · cites it 4× “Compare Code § 1-238 (providing that a “[r]eenacted” statute supplements “the existing substantive provisions” of prior versions of the statute and is “effective prospectively unless the bill expressly provides that such changes are effective retroactively on a specified date”…”
James Jesus Montgomery v. Commonwealth of Virginia (Va. Ct. App. 2022). · cites it 2× “2 (explaining that the precursor to Code § 1-238 created a new interpretive default rule for our Courts, but the rule affected only procedure).”
William Arthur Greene, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 2× “972, 978 (1981); see also Code §§ 1-238 and 1-239. Code § 18.2-58, like many other newly amended statutes recently analyzed by this Court, simply does not have retroactive effect.”
Anthony Tyrone Reese v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 2× “Further, according to Code § 1-238: “Reenacted,” when used in the title or enactment of a bill or act of the General Assembly, means that the changes enacted to a section of the Code of Virginia or an act of the General Assembly are in addition to the existing substantive…”
Hannah v. Commonwealth (Va. 2024). · cites it 2× “Buttressing this principle of statutory interpretation, Code § 1-238 instructs that when statutes or provisions are “reenacted,” the changes are “effective prospectively unless the bill expressly provides that such changes are effective retroactively on a specified date.”
Hannah v. Commonwealth (Va. 2024). · cites it 2× “Buttressing this principle of statutory interpretation, Code § 1-238 instructs that when statutes or provisions are “reenacted,” the changes are “effective prospectively unless the bill expressly provides that such changes are effective retroactively on a specified date.”
Hatcher v. Hines (E.D. Va. 2024). · cites it 2× “are in addition to the existing substantive provisions in that section or act, and are effective prospectively unless the bill expressly provides that such changes are effective retroactively on a specified date.”
Doe v. Green (Va. 2025). · cites it 2× “Buttressing this principle of statutory interpretation, Code § 1-238 instructs that when statutes or provisions are “reenacted,” the changes are “effective prospectively unless the bill expressly provides that such changes are effective retroactively on a specified date.”
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