HB331 • 2026

Proceedings deferred; payment of costs.

An Act to amend and reenact § 19.2-303.4 of the Code of Virginia, relating to payment of costs when proceedings deferred.

Enacted

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

Sponsor: McClure
Last action: 2026-04-13
Official status: Acts of Assembly Chapter
Effective date: Not listed

Plain English Breakdown

The candidate explanation includes accurate information based on the provided source material, with minor adjustments for clarity.

Act on Payment of Costs When Proceedings Are Deferred

This act changes Virginia law so that courts cannot require defendants to pay costs as a condition of deferral starting July 1, 2026.

What This Bill Does

Changes the law to say courts cannot require defendants to pay costs or fees when proceedings are deferred after July 1, 2026.
Upon fulfilling all other conditions, the court will decide the case based on agreements or by conviction of a different charge or dismissal.
Specifies that costs and fees remain due until paid even if the case is dismissed.

Who It Names or Affects

Defendants who enter into deferrals after July 1, 2026.
Courts handling cases where proceedings are deferred.

Terms To Know

deferral: A delay in legal proceedings without entering a guilty judgment.
costs and fees: Money that defendants might have to pay for court services or other expenses.

Limits and Unknowns

The act does not specify what happens if the defendant does not fulfill all conditions.
It is unclear how this change will affect existing cases before July 1, 2026.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB331AS1

2026-02-27 • Committee

Courts of Justice Amendment

Plain English: The amendment changes the wording in an existing Virginia law to allow certain costs to be paid when they are available under the law instead of only when proceedings are deferred.

Changes the phrase 'in place' to 'available at law' in a specific section of Virginia's Code.

The amendment text is brief and technical, making it hard to fully explain all implications without more context about the original bill and how this change affects its meaning.

HB331EDOC

2026-03-04 • Senate

Senate Amendment

Plain English: The amendment changes the wording in an existing Virginia law to allow costs to be available under certain conditions when proceedings are deferred.

Changes the phrase 'in place' to 'available at law' in section 19.2-303.4 of Virginia's Code.

The exact impact and meaning of this change is unclear without additional context about how costs are currently handled when proceedings are deferred.

Bill History

2026-04-13 Governor
Approved by Governor-Chapter 592 (effective 7/1/2026)
2026-04-13 Governor
Approved by Governor-Chapter 592 (effective 7/1/2026)
2026-04-13 Governor
Acts of Assembly Chapter text (CHAP0592)
2026-03-14 House
Enrolled Bill communicated to Governor on March 14, 2026
2026-03-14 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-13 House
Signed by Speaker
2026-03-13 Senate
Signed by President
2026-03-13 House
Enrolled
2026-03-13 House
Bill text as passed House and Senate (HB331ER)
2026-03-13 House
Fiscal Impact Statement from Department of Planning and Budget (HB331)
2026-03-06 House
Senate amendment agreed to by House (65-Y 31-N 0-A)
2026-03-04 Senate
Read third time
2026-03-04 Senate
Read third time
2026-03-04 Senate
Engrossed by Senate as amended
2026-03-04 Courts of Justice
Courts of Justice Amendment agreed to
2026-03-04 Senate
Passed Senate with amendment (21-Y 19-N 0-A)
2026-03-03 Finance and Appropriations
Reported from Finance and Appropriations (10-Y 5-N)
2026-03-03 Senate
Rules suspended
2026-03-03 Senate
Rules suspended
2026-03-03 Senate
Passed by for the day
2026-03-03 Senate
Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
2026-03-03 Senate
Passed by for the day Block Vote (Voice Vote)
2026-02-25 Courts of Justice
Reported from Courts of Justice with amendment and rereferred to Finance and Appropriations (9-Y 6-N)
2026-02-04 Senate
Constitutional reading dispensed (on 1st reading)
2026-02-04 Courts of Justice
Referred to Committee for Courts of Justice
2026-02-03 House
Read third time and passed House (65-Y 32-N 0-A)
2026-02-02 House
Read second time
2026-02-02 House
committee substitute agreed to
2026-02-02 House
Engrossed by House - committee substitute
2026-01-30 House
Read first time
2026-01-29 Courts of Justice
Committee substitute printed 26105868D-H1
2026-01-28 Courts of Justice
Reported from Courts of Justice with substitute (17-Y 3-N)
2026-01-21 Criminal
Subcommittee recommends reporting with substitute (10-Y 0-N)
2026-01-21 Criminal
House subcommittee offered
2026-01-20 Criminal
Assigned HCJ sub: Criminal
2026-01-19 House
Fiscal Impact Statement from Department of Planning and Budget (HB331)
2026-01-11 House
Prefiled and ordered printed; Offered 01-14-2026 26101411D
2026-01-11 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

Payment of costs when proceedings deferred and defendant placed on probation.
Provides that for any deferral entered into on or after July 1, 2026, pursuant to relevant law, the court shall not require the defendant to pay such costs or other fees imposed pursuant to relevant law as a term or condition of his deferral. The bill states that upon fulfillment of all other terms and conditions, the court shall adjudicate the matter consistent with the agreement of the parties or, if none, by conviction of an alternative charge or dismissal of the case. The bill specifies that such costs and other fees shall remain due until paid, and all methods of payment and collection already available at law to satisfy or collect any outstanding costs or other fees shall remain available to such court after the underlying case against the defendant has been adjudicated or dismissed.

Current Bill Text

Read the full stored bill text

An Act to amend and reenact §
19.2-303.4
of the Code of Virginia, relating to payment of costs when proceedings deferred.
Be it enacted by the General Assembly of Virginia:
1. That §
19.2-303.4
of the Code of Virginia is amended and reenacted as follows:
§
19.2-303.4
. Payment of costs when proceedings deferred.
A.
A circuit or district court
, which
that
has deferred further proceedings
,
without entering a judgment of guilt
,
and
placed
imposed on
a defendant
on probation subject to
terms and conditions pursuant to §
4.1-305
,
16.1-278.8
,
16.1-278.9
,
18.2-57.3
,
18.2-61
,
18.2-67.1
,
18.2-67.2
,
18.2-251
,
19.2-298.02
,
19.2-303.2
, or
19.2-303.6
shall
also
impose upon the defendant costs.
B. For any deferral entered into on or after July 1, 2026, pursuant to §
4.1-305
,
16.1-278.8
,
16.1-278.9
,
18.2-57.3
,
18.2-61
,
18.2-67.1
,
18.2-67.2
,
18.2-251
,
19.2-298.02
,
19.2-303.2
, or
19.2-303.6
, the court shall not require the defendant to pay such costs or other fees imposed pursuant to subsection A as a term or condition of his deferral. Upon fulfillment of all other terms and conditions, the court shall adjudicate the matter consistent with the agreement of the parties or, if none, by conviction of an alternative charge or dismissal of the case. However, such costs and other fees shall remain due until paid, and all methods of payment and collection already
available at law
to satisfy or collect any outstanding costs or other fees shall remain available to such court after the underlying case against the defendant has been adjudicated or dismissed.