SB397 • 2026

Courthouse, jail, & court-related facilities; assessment of costs for construction, renovation, etc.

<p class=ldtitle>A BILL to amend and reenact § 17.1-281 of the Code of Virginia, relating to assessment of costs for construction, renovation, or maintenance of courthouse, jail, or court-related facilities.</p>

Crime Taxes

Enacted

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

Sponsor: Diggs
Last action: 2026-01-21
Official status: Failed
Effective date: Not listed

Plain English Breakdown

The bill was defeated in the Courts of Justice committee, so it did not become law.

Increasing Fees for Court Facilities

This bill increases the maximum fee that counties and cities can charge for court cases to fund courthouse construction, renovation, or maintenance.

What This Bill Does

Increases from $2 to $10 the amount a county or city can collect as part of costs for civil actions in district or circuit courts within its boundaries.
Also increases the fee from $2 to $10 for criminal and traffic cases where defendants are charged with violating statutes or ordinances.
Allows counties and cities to use these fees for building, fixing up, or maintaining courthouses, jails, and other court-related facilities.
Permits additional fees of up to $3 if a courthouse does not meet safety guidelines and cannot be feasibly renovated.

Who It Names or Affects

Counties and cities that have district or circuit courts within their boundaries.
People who file civil actions in these courts.
Defendants charged with criminal or traffic violations in these courts.

Terms To Know

assessment: A fee collected by a county or city to fund court facilities and maintenance.
courthouse: The building where courts are located, including offices for judges, clerks, and other staff.

Limits and Unknowns

This bill did not pass the Legislature and was defeated in Courts of Justice committee.
It does not specify how much of the additional fee should be returned to towns that provide court facilities for counties.
The exact amount of fees collected will depend on local ordinances set by each county or city.

Bill History

2026-01-21 Courts of Justice
Failed to report (defeated) in Courts of Justice (3-Y 12-N)
2026-01-13 Senate
Prefiled and ordered printed; Offered 01-14-2026 26104286D
2026-01-13 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

Assessment of costs for construction, renovation, or maintenance of courthouse, jail, or court-related facilities.
Increases from two to 10 dollars the maximum sum a county or city may assess as part of the costs for any civil action filed in the district or circuit courts within its boundary, or for each criminal or traffic case in its district or circuit court in which the defendant is charged with a violation of any statute or ordinance. Such assessment shall be used for the construction, renovation, or maintenance of courthouse, jail, or court-related facilities, or to defray cooling, heating, electricity, and ordinary maintenance costs.

Current Bill Text

Read the full stored bill text

A BILL to amend and reenact §
17.1-281
of the Code of Virginia, relating to assessment of costs for construction, renovation, or maintenance of courthouse, jail, or court-related facilities.

Be it enacted by the General Assembly of Virginia:

1. That §
17.1-281
of the Code of Virginia is amended and reenacted as follows:

§
17.1-281
. Assessment for courthouse construction, renovation or maintenance.

A. Any county or city, through its governing body, may assess a sum not in excess of
two
10
dollars as part of the costs in (i) each civil action filed in the district or circuit courts located within its boundaries and (ii) each criminal or traffic case in its district or circuit court in which the defendant is charged with a violation of any statute or ordinance. If a town provides court facilities for a county, the governing body of the county shall return to the town a portion of the assessments collected based on the number of civil, criminal and traffic cases originating and heard in the town.

B. The imposition of such assessment shall be by ordinance of the governing body which may provide for different sums in circuit courts and district courts. The assessment shall be collected by the clerk of the court in which the action is filed, remitted to the treasurer of the appropriate county or city and held by such treasurer subject to disbursements by the governing body for the construction, renovation, or maintenance of courthouse or jail and court-related facilities and to defray increases in the cost of heating, cooling, electricity, and ordinary maintenance.

C. Any county or city which, on or after January 1, 2008, operated a courthouse not in compliance with the current safety and security guidelines contained in the Virginia Courthouse Facility Guidelines, as certified by the Department of General Services upon application to the Department by the county or city, and which cannot be feasibly renovated to correct such non-compliance, through its governing body, may assess an additional sum not in excess of three dollars as part of the costs in (i) each civil action filed in the district or circuit courts located within its boundaries and (ii) each criminal or traffic case in its district or circuit court in which the defendant is charged with a violation of any statute or ordinance. Such additional fee assessed under this subsection shall not be assessed in any civil action if the amount in controversy is $500 or less. Any locality which applies for certification from the Department under this subsection shall reimburse the Department for the actual costs incurred by the Department in complying with the certification request.

D. The imposition of such assessment shall be by ordinance of the governing body, which may provide for different sums in circuit courts and district courts. The assessment shall be collected by the clerk of the court in which the action is filed, remitted to the treasurer of the appropriate county or city, and held by such treasurer subject to disbursements by the governing body solely for the construction, reconstruction, renovation of, or adaptive re-use of a structure for a courthouse.

E. The assessments provided for herein shall be in addition to any other fees prescribed by law. The assessments shall be required in each felony, misdemeanor, or traffic infraction case, regardless of the existence of a local ordinance requiring their payment.