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HB223 • 2026

Public defender; local funding for positions.

An Act to amend and reenact § 19.2-163.01:1 of the Code of Virginia, relating to public defender; local funding for positions.

Budget
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Hope
Last action
2026-04-06
Official status
Acts of Assembly Chapter
Effective date
Not listed

Plain English Breakdown

The bill text does prohibit local governments from placing conditions or requirements on the receipt of funds, but this was already implied in the candidate explanation and did not need to be removed.

Local Funding for Public Defender Positions

This act allows local governments to fund positions within the public defender's office.

What This Bill Does

  • Allows counties and cities to provide extra money to support public defenders or their staff members.
  • Permits local governing bodies to create new positions in the public defender’s office using local funds.
  • Requires that any additional funding provided by a county or city must come from its own budget, not state funds.

Who It Names or Affects

  • Local governments (counties and cities) in Virginia
  • Public defenders and their staff

Terms To Know

Indigent Defense Commission
A commission that oversees the provision of legal defense for people who cannot afford to hire a lawyer.
Executive Director
The person in charge of managing and overseeing the operations of an organization, such as the public defender's office.

Limits and Unknowns

  • Does not specify how much money local governments must provide or if they are required to fund positions.
  • Does not detail what happens if a county or city does not have enough funds to support additional public defender positions.

Bill History

  1. 2026-04-06 Governor

    Approved by Governor-Chapter 92 (effective 7/1/2026)

  2. 2026-04-06 Governor

    Approved by Governor-Chapter 92 (effective 7/1/2026)

  3. 2026-04-06 Governor

    Acts of Assembly Chapter text (CHAP0092)

  4. 2026-03-14 House

    Enrolled Bill communicated to Governor on March 14, 2026

  5. 2026-03-14 Governor

    Governor's Action Deadline 11:59 p.m., April 13, 2026

  6. 2026-03-12 House

    Signed by Speaker

  7. 2026-03-11 Senate

    Signed by President

  8. 2026-03-11 House

    Enrolled

  9. 2026-03-11 House

    Bill text as passed House and Senate (HB223ER)

  10. 2026-03-11 House

    Fiscal Impact Statement from Department of Planning and Budget (HB223)

  11. 2026-03-04 Senate

    Read third time

  12. 2026-03-04 Senate

    Read third time

  13. 2026-03-04 Senate

    Passed Senate (40-Y 0-N 0-A)

  14. 2026-03-03 Finance and Appropriations

    Reported from Finance and Appropriations (15-Y 0-N)

  15. 2026-03-03 Senate

    Rules suspended

  16. 2026-03-03 Senate

    Rules suspended

  17. 2026-03-03 Senate

    Passed by for the day

  18. 2026-03-03 Senate

    Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

  19. 2026-03-03 Senate

    Passed by for the day Block Vote (Voice Vote)

  20. 2026-02-23 Courts of Justice

    Reported from Courts of Justice and rereferred to Finance and Appropriations (14-Y 0-N 1-A)

  21. 2026-02-04 Senate

    Constitutional reading dispensed (on 1st reading)

  22. 2026-02-04 Courts of Justice

    Referred to Committee for Courts of Justice

  23. 2026-02-03 House

    Read third time and passed House Block Vote (98-Y 0-N 0-A)

  24. 2026-02-02 House

    Read second time and engrossed

  25. 2026-01-30 House

    Read first time

  26. 2026-01-28 Courts of Justice

    Reported from Courts of Justice (18-Y 0-N)

  27. 2026-01-23 Criminal

    Subcommittee recommends reporting (10-Y 0-N)

  28. 2026-01-22 Criminal

    Assigned HCJ sub: Criminal

  29. 2026-01-21 House

    Fiscal Impact Statement from Department of Planning and Budget (HB223)

  30. 2026-01-08 House

    Prefiled and ordered printed; Offered 01-14-2026 26102399D

  31. 2026-01-08 Courts of Justice

    Referred to Committee for Courts of Justice

Official Summary Text

Public defender; local funding for positions.
Allows the governing body of any county or city to fund positions in the office of the public defender.

Current Bill Text

Read the full stored bill text
An Act to amend and reenact §
19.2-163.01:1
of the Code of Virginia, relating to public defender; local funding for positions.
Be it enacted by the General Assembly of Virginia:
1. That §
19.2-163.01:1
of the Code of Virginia is amended and reenacted as follows:
§
19.2-163.01:1
. Supplementing compensation of public defender.
A. The governing body of any county or city may supplement the compensation of the public defender or any of his deputies or employees above the compensation fixed by the executive director,
or fund positions,
in such amounts as it may deem expedient. Such additional compensation
or funding for positions
shall be wholly payable from the funds of any such county or city.
B. Due to the privileged and protected nature of the attorney-client relationship and the statutory scope of representation provided in §§
19.2-157
and
19.2-163.3
, no county or city providing a supplement to compensation
or funding for positions
under this section shall place any condition or requirement upon the receipt of such funds.
C. Funds provided by any county or city under this section may be paid directly to the Indigent Defense Commission or to the employees with notice to the Indigent Defense Commission of any amount so provided. The Commission shall provide the supplementing funds directly to employees in combination with the compensation fixed by the executive director.