SB472 • 2026

Court fines and fees; waiver of fees for indigent defendant.

<p class=ldtitle>A BILL to amend and reenact §§ 19.2-326 and 19.2-362 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-362.1, relating to court fines and fees; indigent defendant; waiver of fees.</p>

Enacted

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

Sponsor: Deeds
Last action: 2026-02-11
Official status: Continued
Effective date: Not listed

Plain English Breakdown

The bill does not specify which exact fees can be waived, leaving this detail open-ended.

Waiving Court Fees for Indigent Defendants

This law allows courts to waive certain fees in criminal and traffic cases if a defendant is found to be unable to pay due to financial hardship.

What This Bill Does

Allows the court to decide not to charge some fees if it finds that an indigent defendant cannot afford them based on specific criteria set forth in relevant law.
Requires the court to consider whether a defendant can pay these fees based on their income and other factors as defined by § 19.2-159 of the Code of Virginia.
Gives courts the power to make this decision on their own or when asked by the defendant at any time before an order for which such fee is assessed or the final order has been entered.

Who It Names or Affects

People charged with crimes or traffic violations who cannot afford fees due to financial hardship.
Courts and judges making decisions about fines and fees in criminal cases.

Terms To Know

Indigent: A person who is very poor and unable to pay for basic needs or legal costs, as defined by § 19.2-159 of the Code of Virginia.
Waiver: When a requirement, such as paying fees, is not enforced because of special circumstances, in this case financial inability to pay.

Limits and Unknowns

The bill does not specify which exact fees can be waived.
It's unclear how this will affect the overall collection of court fees and fines.
Details on how courts will implement these changes are not provided in the summary.

Bill History

2026-02-11 Finance and Appropriations
Continued to 2027 in Finance and Appropriations (15-Y 0-N)
2026-02-02 Courts of Justice
Reported from Courts of Justice and rereferred to Finance and Appropriations (9-Y 6-N)
2026-01-30 Senate
Fiscal Impact Statement from Department of Planning and Budget (SB472)
2026-01-13 Senate
Prefiled and ordered printed; Offered 01-14-2026 26100659D
2026-01-13 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

Court fines and fees; indigent defendant; waiver of fees.
Provides that in any criminal or traffic case, the court may waive the assessment of certain fees specified in the bill, either wholly or in part, if the court determines the defendant to be indigent pursuant to the financial criteria set forth in relevant law and unable to pay such fee. The bill provides that the court may make such determination sua sponte or upon motion of the defendant at any time prior to the entry of an order for which such fee is assessed or the final order has been entered.

Current Bill Text

Read the full stored bill text

A BILL to amend and reenact §§
19.2-326
and
19.2-362
of the Code of Virginia and to amend the Code of Virginia by adding a section numbered
19.2-362.1
, relating to court fines and fees; indigent defendant; waiver of fees.

Be it enacted by the General Assembly of Virginia:

1. That §§
19.2-326
and
19.2-362
of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered
19.2-362.1
as follows:

§
19.2-326
. Payment of expenses of appeals of indigent defendants.

In any felony or misdemeanor case wherein the judge of the circuit court, from the affidavit of the defendant or any other evidence
,
certifies that the defendant is financially unable to pay his attorney fees, costs, and expenses incident to an appeal, the court to which an appeal is taken shall order the payment of such attorney fees in an amount not less than $300
,
and
costs, or necessary expenses of such attorney in an amount deemed reasonable by the court, by the Commonwealth out of the appropriation for criminal charges. If the conviction is upheld on appeal, the attorney fees, costs, and necessary expenses of such attorney paid by the Commonwealth under the provisions of this section may be assessed against the defendant.

§
19.2-362
. Court not to remit fine or penalty, other than fine for contempt, except as provided in §
19.2-358
or
19.2-362.1
.

No court shall remit any fine or penalty, except for a contempt, which the court during the same term may remit either wholly or in part, and except as provided in §
19.2-358
or
19.2-362.1
. This section shall not impair the judicial power of the court to set aside a verdict or judgment
,
or to grant a new trial.

§
19.2-362.1
. Determination of indigence for assessment of fees; wai
v
er of fees.

Notwithstanding any other
provision of law, in any criminal or traffic case, the court may waive the assessment of any fees, either wholly or in part, as provided for by §§
16.1-69.48:1
,
16.1-69.48:1
.01, 17
.
1-275.1
,
17.1-275.2
,
17.1-275.3
,
17.1-275.4
,
17.1-275.5
,
17.1-275.7
,
17.1-275.8
,
17.1-275.9
,
17.1-275.10
,
17.1-275.11
,
17.1-275.12
,
17.1-275.13
, and
17.1-275.14
if the court determines the defendant to be indigent pursuant to
the financial criter
ia set forth in
§
19.2-159
and unable to pay such fee. The court may make such determination either sua sponte or upon motion of the defendant at any time prior to the entry of
an
order for which such fee is assessed or
the
final order has been entered. In makin
g such determination, there shall be a presumption that a person who is indigent pursuant to
the financial criteria set forth in
§
19.2-159
, or has already been deemed indigent during the pendency of a criminal or traffic case pursuant to §
19.2-159
, is un
able to pay fees and shall be accorded relief, unless the court makes a specific finding to the contrary.

T
he court shall retain the power to partially or fully remit any court debt that was previously imposed following a show cause or affirmative petition by the debtor pursuant to §
19.2-35
8.