HB520 • 2026

Clerk fees; secure remote access to nonconfidential court records by certain attorneys.

An Act to amend and reenact § 17.1-267 of the Code of Virginia, relating to clerk fees; secure remote access to nonconfidential court records by certain attorneys.

Enacted

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

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

Plain English Breakdown

The bill summary does not provide details on enforcement mechanisms or consequences for misuse of secure remote access beyond termination by the clerk.

Free Access to Court Records for Certain Attorneys

This act makes it free for certain attorneys certified by the Virginia Indigent Defense Commission and appointed in their jurisdiction to get online access to nonconfidential court records.

What This Bill Does

Makes sure clerks do not charge fees when giving secure remote access to nonconfidential court records to certified attorneys from the Virginia Indigent Defense Commission who are currently appointed and agree to continue accepting appointments in their jurisdiction.
Allows clerks to end this free access if an attorney abuses it, is removed from the commission's list, or stops taking new cases.

Who It Names or Affects

Certified attorneys by the Virginia Indigent Defense Commission who are appointed and agree to continue accepting appointments in their jurisdiction.
Clerks of courts who provide secure remote access to nonconfidential court records.

Terms To Know

secure remote access: A way for people to view confidential information from a safe and protected computer network, usually over the internet.
Virginia Indigent Defense Commission: An organization that helps make sure poor defendants have lawyers when they need them in court cases.

Limits and Unknowns

The bill does not specify what happens if an attorney stops using the secure remote access but has not abused it or been removed from the list.
It is unclear how this change will be enforced and monitored by clerks.

Bill History

2026-04-06 Governor
Approved by Governor-Chapter 159 (effective 7/1/2026)
2026-04-06 Governor
Approved by Governor-Chapter 159 (effective 7/1/2026)
2026-04-06 Governor
Acts of Assembly Chapter text (CHAP0159)
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
2026-03-12 House
Signed by Speaker
2026-03-11 Senate
Signed by President
2026-03-11 House
Enrolled
2026-03-11 House
Bill text as passed House and Senate (HB520ER)
2026-03-11 House
Fiscal Impact Statement from Department of Planning and Budget (HB520)
2026-03-04 Senate
Read third time
2026-03-04 Senate
Read third time
2026-03-04 Senate
Passed Senate (31-Y 9-N 0-A)
2026-03-03 Finance and Appropriations
Reported from Finance and Appropriations (11-Y 4-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)
2026-02-18 Courts of Justice
Reported from Courts of Justice and rereferred to Finance and Appropriations (12-Y 2-N)
2026-02-11 Senate
Constitutional reading dispensed (on 1st reading)
2026-02-11 Courts of Justice
Referred to Committee for Courts of Justice
2026-02-10 House
Read third time and passed House Block Vote (98-Y 0-N 0-A)
2026-02-09 House
Read second time
2026-02-09 House
committee substitute agreed to
2026-02-09 House
Engrossed by House - committee substitute
2026-02-06 House
Read first time
2026-02-05 Courts of Justice
Fiscal Impact Statement from Department of Planning and Budget (HB520)
2026-02-04 Courts of Justice
Reported from Courts of Justice with substitute (22-Y 0-N)
2026-02-04 Courts of Justice
Committee substitute printed 26106770D-H1
2026-02-02 Criminal
Subcommittee recommends reporting with substitute (10-Y 0-N)
2026-02-02 Criminal
House subcommittee offered
2026-01-30 Criminal
Assigned HCJ sub: Criminal
2026-01-13 House
Prefiled and ordered printed; Offered 01-14-2026 26103953D
2026-01-13 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

Clerk fees; secure remote access to nonconfidential court records by certain attorneys.
Provides that no clerk shall charge a fee to an attorney for secure remote access to nonconfidential court records when such attorney is certified by the Virginia Indigent Defense Commission in the jurisdiction served by such clerk, provided that such attorney is currently appointed to represent a defendant in such jurisdiction and agrees to continue accepting appointments in such jurisdiction. The bill also provides that if, after receiving secure remote access for nonconfidential court records, such attorney (i) is found to have abused such privilege of such secure remote access; (ii) is removed from the Virginia Indigent Defense Commission's court-appointed attorney list; or (iii) ceases to accept appointments for representation from the granting court, the clerk may terminate the agreement granting such secure remote access. As introduced, this bill was a recommendation of the Virginia Indigent Defense Commission. This bill is identical to SB 82.

Current Bill Text

Read the full stored bill text

An Act to amend and reenact §
17.1-267
of the Code of Virginia, relating to clerk fees; secure remote access to nonconfidential court records by certain attorneys.
Be it enacted by the General Assembly of Virginia:
1. That §
17.1-267
of the Code of Virginia is amended and reenacted as follows:
§
17.1-267
. Services for which clerks may not charge.
A. No clerk shall charge for taking bond from, administering oath to, or making or copying orders as to the appointment or qualification of any judge, magistrate, sheriff, treasurer, commissioner of the revenue, or of a deputy of any of them, or of any escheator, supervisor, or of a guardian or conservator, when his bond is in a penalty not exceeding $1,000.00, or for making or copying orders as to county allowances, or grand juries, and administering the necessary oaths.
B. No clerk shall charge for copying or making for or furnishing to the Department of Corrections or a federal probation officer a certified copy of a criminal judgment order or criminal sentencing order.
C. No clerk shall charge a fee for (i) executing any order of publication under §
17.1-626
; (ii) keeping, preserving, and holding available for public inspection judgment records, and making entries in and indexing such judgments, or discharging, or marking satisfied, a lien under §§
15.2-2604
,
15.2-2605
and
15.2-2120
; (iii) docketing judgment on forfeited recognizance or bond under §
19.2-147
; (iv) making out reports to the Central Criminal Records Exchange under §
19.2-390
; (v) recording a lien in the miscellaneous lien book under §
43-42
or §
43-43
; or (vi) filing an appraiser's report under §
56-436
.
D. No clerk shall charge a fee for (i) recording the reports of special receivers and commissioners as required by §
8.01-617
; (ii) copying in the Induction and Discharge Record information obtained from draft boards or recording the discharge papers, or certified copy of such, of a person who has served in the armed forces of the United States; or (iii) receiving any mark of designation under §
59.1-103
.
E. No clerk shall charge a fee to an attorney for secure remote access to nonconfidential court records under Article 8 (§
17.1-292
et seq.) when such attorney is certified by the Virginia Indigent Defense Commission
in the jurisdiction served by such clerk, provided that such attorney is currently appointed to represent a defendant in such jurisdiction and agrees to continue accepting appointments in such jurisdiction.
If, after receiving secure remote access for nonconfidential court records, such attorney (i) is found to have abused such privilege of such secure remote access; (ii) is removed from the Virginia Indigent Defense Commission's court-appointed attorney list; or (iii) ceases to accept appointments for representation from the granting court, the clerk may terminate the agreement granting such secure remote access.