VirginiaDefendants would not be charged for publicly paid defense lawyers
Defendants would not be charged for publicly paid legal representation, while a state work group would study criminal case fees and report ways to reduce their burden.
What it does
Defendants would not be charged for legal representation paid by the state or a locality. Indigent defendants represented by a public defender or court-appointed lawyer would also have a limit on other legal fees.
A state work group would study criminal case fees, their burden on people who cannot afford them, and ways to reduce or end fees, including options for existing unpaid balances.
Argument forPeople who cannot afford a lawyer could avoid owing the government for publicly paid defense, easing one cost of facing a criminal charge.
Argument againstThe study could take staff time and delay decisions about fee relief while the work group gathers information and prepares two reports.
More detail
Courts and clerks would not assess defendants fees for legal representation paid by the Commonwealth or a locality. This applies to publicly paid legal representation for people charged with crimes, including indigent defendants represented by a public defender or court-appointed lawyer. The text also caps certain legal-representation fees charged to indigent defendants at the amount that could have been charged on or before June 30, 2024. These provisions would take effect only if reenacted by both the 2027 and 2028 General Assemblies.
The Indigent Defense Commission would convene a work group to study fees and other financial assessments in criminal cases and report its findings and recommendations. The group would include state and local justice officials, legislative staff, and two criminal justice reform organizations that work on criminal case fees and other financial assessments. The group would examine fee collection, how fee revenue is used, burdens on people who cannot afford fees, practices in other states, and options for reducing fees and addressing unpaid balances. The group would send an interim report by November 1, 2026, and a final report by November 1, 2027.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 21Continued from last sessionLatest
- Mar 3Continued to next session in Finance and Appropriations (14-Y 0-N)
- Feb 23Reported from Courts of Justice and rereferred to Finance and Appropriations (9-Y 5-N)Minor
- Feb 20Fiscal Impact Statement from Department of Planning and Budget (HB852)
- Feb 16Referred to Committee for Courts of JusticeMinor
- Feb 16Constitutional reading dispensed (on 1st reading)
- Feb 13Read third time and passed House (60-Y 35-N 0-A)Passed House
- Feb 12Engrossed by House - committee substituteMajor
- Feb 12committee substitute agreed toMajor
- Feb 12Read second timeMinor
- Feb 11Read first timeMinor
- Feb 9Committee substitute printed 26107499D-H1Major
- Feb 9Reported from Appropriations with substitute (15-Y 7-N)Minor
- Feb 9House subcommittee offered
- Feb 9Subcommittee recommends reporting with substitute (6-Y 1-N)Major
- Feb 6Fiscal Impact Statement from Department of Planning and Budget (HB852)
- Feb 5Assigned HAPP sub: General Government and Capital OutlayMinor
- Feb 4Reported from Courts of Justice and referred to Appropriations (15-Y 7-N)Minor
- Jan 30Subcommittee recommends reporting and referring to Appropriations (7-Y 3-N)
- Jan 29Assigned HCJ sub: CriminalMinor
- Jan 13Referred to Committee for Courts of JusticeMinor
- Jan 13Prefiled and ordered printed; Offered 01-14-2026 26104806DIntroduced
Criminal Justice