VirginiaCourts could waive listed fees for defendants unable to pay
If approved, courts could waive listed fees in criminal and traffic cases when defendants are indigent and unable to pay.
What it does
In criminal and traffic cases, courts could waive some or all of certain listed fees for defendants found indigent and unable to pay. Indigent defendants would be presumed unable to pay unless the court specifically finds otherwise.
Argument forIndigent defendants who cannot pay could have listed court fees waived, with inability to pay presumed unless the court finds otherwise.
Argument againstSome defendants could still owe listed fees if a court finds they can pay or specifically finds an indigent defendant able to pay.
More detail
A court could waive some or all of certain fees. This applies in criminal and traffic cases to fees listed in the bill. The court must find the defendant indigent under the financial criteria in § 19.2-159 and unable to pay. A person who meets those criteria, or was already found indigent during the case, is presumed unable to pay unless the court specifically finds otherwise. The court may decide before the fee order or after the final order.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 21Continued from last sessionLatest
- Feb 11Continued to next session in Finance and Appropriations (15-Y 0-N)
- Feb 2Reported from Courts of Justice and rereferred to Finance and Appropriations (9-Y 6-N)Minor
- Jan 30Fiscal Impact Statement from Department of Planning and Budget (SB472)
- Jan 13Referred to Committee for Courts of JusticeMinor
- Jan 13Prefiled and ordered printed; Offered 01-14-2026 26100659DIntroduced
Criminal Justice