SB776 • 2026

Probationer; requiring fines, costs, restitution for damages, etc., failure to pay.

An Act to amend and reenact § 19.2-305 of the Code of Virginia, relating to requiring fines, costs, restitution for damages, support, or community services from probationer; failure to pay.

Enacted

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

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

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Probationer; requiring fines, costs, restitution for damages, etc., failure to pay.

Requiring fines, costs, restitution for damages, support, or community services from probationer; failure to pay.

What This Bill Does

Requiring fines, costs, restitution for damages, support, or community services from probationer; failure to pay.
Provides that a failure of the defendant to pay any fines or costs imposed on him at the time of being placed on probation as a condition of his probation shall not, by itself, be deemed a breach of such probation unless the court finds, after notice to the defendant and his counsel and a hearing, that the defendant has willfully refused to pay.
The bill provides that in assessing such failure to pay, the court shall presume that a defendant who is indigent pursuant to relevant law, or who has been deemed indigent during the pendency of a criminal or traffic case, is unable to pay such fines and costs.
The bill requires the court to order such defendant relief from any alleged breach of probation, absent any specific finding to the contrary.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

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

SB776AHC1

2026-02-19 • Committee

Criminal Subcommittee Amendment

Plain English: 2/19/2026 SB 776 SUBCOMMITTEE 1.

2/19/2026 SB 776 SUBCOMMITTEE 1.
Line 22, engrossed, after shall strike order such defendant relief from insert dismiss SUBCOMMITTEE 2.
Line 22, engrossed, after any insert such SUBCOMMITTEE 3.
Line 23, engrossed, after probation.

SB776AH1

2026-03-02 • Committee

Courts of Justice Amendment

Plain English: 3/02/2026 SB 776 COURTS OF JUSTICE 1.

3/02/2026 SB 776 COURTS OF JUSTICE 1.
Line 22, engrossed, after shall strike order such defendant relief from insert dismiss COURTS OF JUSTICE 2.
Line 22, engrossed, after any insert such COURTS OF JUSTICE 3.
Line 23, engrossed, after probation.

SB776EDOC

2026-03-04 • House

House Amendments

Plain English: 3/04/2026 (SB776) AMENDMENT(S) PROPOSED BY THE HOUSE COURTS OF JUSTICE 1.

3/04/2026 (SB776) AMENDMENT(S) PROPOSED BY THE HOUSE COURTS OF JUSTICE 1.
Line 22, engrossed, after shall strike order such defendant relief from insert dismiss COURTS OF JUSTICE 2.
Line 22, engrossed, after any insert such COURTS OF JUSTICE 3.
Line 23, engrossed, after probation.

SB776AS1

2026-02-03 • Committee

Courts of Justice Amendment

Plain English: 2/03/2026 (SB776) AMENDMENT(S) PROPOSED BY THE SENATE COURTS OF JUSTICE 1.

2/03/2026 (SB776) AMENDMENT(S) PROPOSED BY THE SENATE COURTS OF JUSTICE 1.
Line 18, introduced, after has strike (i) COURTS OF JUSTICE 2.
Line 18, introduced, after pay strike the remainder of line 18 and through resources to pay on line 19

Bill History

2026-04-13 Governor
Approved by Governor-Chapter 953 (effective 7/1/2026)
2026-04-13 Governor
Acts of Assembly Chapter text (CHAP0953)
2026-03-14 Senate
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
2026-03-12 Senate
Signed by President
2026-03-12 House
Enrolled
2026-03-12 Senate
Bill text as passed Senate and House (SB776ER)
2026-03-06 Senate
House amendments agreed to by Senate (40-Y 0-N 0-A)
2026-03-04 House
Read third time
2026-03-04 House
committee amendments agreed to
2026-03-04 House
Engrossed by House as amended
2026-03-04 House
Passed House with amendments Block Vote (97-Y 0-N 0-A)
2026-03-04 House
Reconsideration of passage agreed to by House
2026-03-04 House
Passed House with amendments Block Vote (99-Y 0-N 0-A)
2026-03-03 House
Read second time
2026-03-02 Courts of Justice
Reported from Courts of Justice with amendment(s) (22-Y 0-N)
2026-02-18 Criminal
Subcommittee recommends reporting with amendment(s) (10-Y 0-N)
2026-02-17 Criminal
Assigned HCJ sub: Criminal
2026-02-10 House
Placed on Calendar
2026-02-10 House
Read first time
2026-02-10 Courts of Justice
Referred to Committee for Courts of Justice
2026-02-05 Senate
Read third time and passed Senate (34-Y 6-N 0-A)
2026-02-04 Senate
Read second time
2026-02-04 Senate
Engrossed by Senate as amended (Voice Vote)
2026-02-04 Courts of Justice
Courts of Justice Amendments agreed to Block Vote
2026-02-04 Senate
Engrossed by Senate (Voice Vote)
2026-02-03 Senate
Rules suspended
2026-02-03 Senate
Passed by for the day
2026-02-03 Senate
Passed by for the day
2026-02-03 Senate
Constitutional reading dispensed Block Vote (on 1st reading) (39-Y 0-N 0-A)
2026-02-03 Senate
Passed by for the day Block Vote (Voice Vote)
2026-02-02 Courts of Justice
Reported from Courts of Justice with amendments (12-Y 3-N)
2026-01-22 Senate
Presented and ordered printed 26102472D
2026-01-22 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

Requiring fines, costs, restitution for damages, support, or community services from probationer; failure to pay.
Provides that a failure of the defendant to pay any fines or costs imposed on him at the time of being placed on probation as a condition of his probation shall not, by itself, be deemed a breach of such probation unless the court finds, after notice to the defendant and his counsel and a hearing, that the defendant has willfully refused to pay. The bill provides that in assessing such failure to pay, the court shall presume that a defendant who is indigent pursuant to relevant law, or who has been deemed indigent during the pendency of a criminal or traffic case, is unable to pay such fines and costs. The bill requires the court to order such defendant relief from any alleged breach of probation, absent any specific finding to the contrary.

Current Bill Text

Read the full stored bill text

An Act to amend and reenact §
19.2-305
of the Code of Virginia, relating to requiring fines, costs, restitution for damages, support, or community services from probationer; failure to pay.
Be it enacted by the General Assembly of Virginia:
1. That §
19.2-305
of the Code of Virginia is amended and reenacted as follows:
§
19.2-305
. Requiring fines, costs, restitution for damages, support, or community services from probationer.
A. While on probation the defendant may be required to pay in one or several sums a fine or costs, or both such fine and costs, imposed at the time of being placed on probation as a condition of such probation, and the failure of the defendant to pay such fine or costs, or both such fine and costs, at the prescribed time or times may be deemed a breach of such probation.
However, such failure to pay shall not, by itself, be deemed a breach of such probation unless the court finds, after notice to the defendant and his counsel and a hearing, that the defendant has willfully refused to pay. In assessing such failure to pay under this section, the court shall presume that a defendant who is indigent pursuant to §
19.2-159
, or who has been deemed indigent pursuant to §
19.2-159
during the pendency of a criminal or traffic case, is unable to pay such fines and costs. Absent any specific finding to the contrary, the court shall dismiss any such alleged breach of probation.

However, such fines and costs shall remain due until paid, and all methods of payment and collection already in place to satisfy or collect any outstanding fines or costs shall remain available to the court after such dismissal.
The provisions of this subsection shall also apply to any person ordered to pay costs pursuant to §
19.2-303.3
.
B. A defendant placed on probation following conviction may be required to make at least partial restitution or reparation to the aggrieved party or parties for damages or loss caused by the offense for which conviction was had, or may be required to provide for the support of his spouse or others for whose support he may be legally responsible, or may be required to perform community services. The defendant may submit a proposal to the court for making restitution, for providing for support, or for performing community services.
C. No defendant shall be kept under supervised probation solely because of his failure to make full payment of fines, fees, or costs, provided that, following notice by the probation and parole officer to each court and attorney for the Commonwealth in whose jurisdiction any fines, fees, or costs are owed by the defendant, no such court or attorney for the Commonwealth objects to his removal from supervised probation.