VirginiaHB8522026 Regular SessionHouse

Indigent defendant; abolition of fees, legal representation, jury trial costs, report.

Sponsored By: Rae Cousins (Democratic)

In Committee

Summary

Abolition of fees; legal representation of indigent defendant; jury trial costs; report. Eliminates the fees for the cost of court-appointed counsel or public defender representation for persons who are determined to be indigent. The bill also eliminates fees for persons who utilize a jury trial. The bill contains a reenactment clause for such elimination of fees.The bill also directs the Indigent Defense Commission, in consultation with the Executive Secretary of the Supreme Court or his designee, to convene a work group with all relevant stakeholders, including the Attorney General or his designee, the Secretary of Health and Human Resources or his designee; representatives from the Compensation Board, the Virginia Crime Commission, the Virginia Joint Legislative Audit and Review Commission, the Virginia Court Clerk's Association, the Virginia Association of Commonwealth's Attorneys, staff from the House Appropriations and the Senate Finance and Appropriations Committees, and the Virginia Probation and Parole Association; and a minimum of two criminal justice reform organizations working on fees and other financial assessments imposed in criminal prosecutions in Virginia; on several topics, including current collection practices, use of funds received as a result of such collections, and the burden of a fee assessment on indigent individuals. The bill requires the work group to submit an executive summary and report of its findings and recommendations to the Governor and the General Assembly by November 1, 2026, and a final report by November 1, 2027.

Finance and Appropriations

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Bill Overview

No Economic Impacts Identified for this Bill

Sponsors & Cosponsors

Sponsor

  • Rae Cousins

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 126 • No: 58

Senate vote 3/3/2026

Continued to 2027 in Finance and Appropriations

Yes: 14 • No: 0

Senate vote 2/23/2026

Reported from Courts of Justice and rereferred to Finance and Appropriations

Yes: 9 • No: 5

House vote 2/13/2026

Read third time and passed House

Yes: 60 • No: 35

House vote 2/9/2026

Reported from Appropriations with substitute

Yes: 15 • No: 7

House vote 2/9/2026

Subcommittee recommends reporting with substitute

Yes: 6 • No: 1 • Other: 1

House vote 2/4/2026

Reported from Courts of Justice and referred to Appropriations

Yes: 15 • No: 7

House vote 1/30/2026

Subcommittee recommends reporting and referring to Appropriations

Yes: 7 • No: 3 • Other: 1

Actions Timeline

  1. Continued to 2027 in Finance and Appropriations (14-Y 0-N)

    3/3/2026Senate
  2. Reported from Courts of Justice and rereferred to Finance and Appropriations (9-Y 5-N)

    2/23/2026Senate
  3. Fiscal Impact Statement from Department of Planning and Budget (HB852)

    2/20/2026House
  4. Referred to Committee for Courts of Justice

    2/16/2026Senate
  5. Constitutional reading dispensed (on 1st reading)

    2/16/2026Senate
  6. Read third time and passed House (60-Y 35-N 0-A)

    2/13/2026House
  7. Engrossed by House - committee substitute

    2/12/2026House
  8. committee substitute agreed to

    2/12/2026House
  9. Read second time

    2/12/2026House
  10. Read first time

    2/11/2026House
  11. Committee substitute printed 26107499D-H1

    2/9/2026House
  12. House subcommittee offered

    2/9/2026House
  13. Subcommittee recommends reporting with substitute (6-Y 1-N)

    2/9/2026House
  14. Reported from Appropriations with substitute (15-Y 7-N)

    2/9/2026House
  15. Fiscal Impact Statement from Department of Planning and Budget (HB852)

    2/6/2026House
  16. Assigned HAPP sub: General Government and Capital Outlay

    2/5/2026House
  17. Reported from Courts of Justice and referred to Appropriations (15-Y 7-N)

    2/4/2026House
  18. Subcommittee recommends reporting and referring to Appropriations (7-Y 3-N)

    1/30/2026House
  19. Assigned HCJ sub: Criminal

    1/29/2026House
  20. Referred to Committee for Courts of Justice

    1/13/2026House
  21. Prefiled and ordered printed; Offered 01-14-2026 26104806D

    1/13/2026House

Bill Text

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