VirginiaSB7762026 Regular SessionSenate

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

Sponsored By: Tammy Brankley Mulchi (Republican)

Became Law

Summary

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.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 1 costs, 1 mixed.

Restitution, support, or service on probation

If you are placed on probation after a conviction, the court can order you to pay at least part of the victim’s losses, support people you are legally responsible for, or do community service. You may give the court a plan for how you will pay restitution, provide support, or complete service. These are enforceable conditions while you are on probation.

Stronger protections for nonpayment on probation

Courts can require you to pay fines and court costs as a probation condition, in one payment or in installments set when probation starts. Nonpayment is a breach only after notice, a hearing, and a finding that you willfully refused to pay. If you were found indigent under § 19.2-159 at any time in your case, the court presumes you cannot pay and must dismiss the breach unless it makes a specific contrary finding. Fines and costs still remain due and can be collected by normal methods. You cannot be kept on supervised probation only for unpaid fines, fees, or costs after your officer alerts all courts and prosecutors owed money, unless any of them objects. These rules also apply if you were ordered to pay costs under § 19.2-303.3(B).

Sponsors & Cosponsors

Sponsor

  • Tammy Brankley Mulchi

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 353 • No: 9

Senate vote 3/6/2026

House amendments agreed to by Senate

Yes: 40 • No: 0

House vote 3/4/2026

Passed House with amendments Block Vote

Yes: 97 • No: 0

House vote 3/4/2026

Passed House with amendments Block Vote

Yes: 99 • No: 0

House vote 3/2/2026

Reported from Courts of Justice with amendment(s)

Yes: 22 • No: 0

House vote 2/18/2026

Subcommittee recommends reporting with amendment(s)

Yes: 10 • No: 0

Senate vote 2/5/2026

Read third time and passed Senate

Yes: 34 • No: 6

Senate vote 2/4/2026

Courts of Justice Amendments agreed to Block Vote

Yes: 0 • No: 0

Senate vote 2/3/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0

Senate vote 2/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/2/2026

Reported from Courts of Justice with amendments

Yes: 12 • No: 3

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0953)

    4/13/2026Governor
  2. Approved by Governor-Chapter 953 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026Senate
  5. Bill text as passed Senate and House (SB776ER)

    3/12/2026Senate
  6. Enrolled

    3/12/2026House
  7. Signed by President

    3/12/2026Senate
  8. Signed by Speaker

    3/12/2026House
  9. House amendments agreed to by Senate (40-Y 0-N 0-A)

    3/6/2026Senate
  10. Passed House with amendments Block Vote (99-Y 0-N 0-A)

    3/4/2026House
  11. Reconsideration of passage agreed to by House

    3/4/2026House
  12. Passed House with amendments Block Vote (97-Y 0-N 0-A)

    3/4/2026House
  13. Engrossed by House as amended

    3/4/2026House
  14. committee amendments agreed to

    3/4/2026House
  15. Read third time

    3/4/2026House
  16. Read second time

    3/3/2026House
  17. Reported from Courts of Justice with amendment(s) (22-Y 0-N)

    3/2/2026House
  18. Subcommittee recommends reporting with amendment(s) (10-Y 0-N)

    2/18/2026House
  19. Assigned HCJ sub: Criminal

    2/17/2026House
  20. Referred to Committee for Courts of Justice

    2/10/2026House
  21. Read first time

    2/10/2026House
  22. Placed on Calendar

    2/10/2026House
  23. Read third time and passed Senate (34-Y 6-N 0-A)

    2/5/2026Senate
  24. Courts of Justice Amendments agreed to Block Vote

    2/4/2026Senate
  25. Engrossed by Senate as amended (Voice Vote)

    2/4/2026Senate

Bill Text

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