HB 852 Virginia House of Delegates · 2026 Regular Session

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

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.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House of Delegates Passage
Feb 2026
Senate Passage
Governor
Introduced Jan 13, 2026 Last action Mar 3, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

Appropriations Substitute General Government and Capital Outlay Subcommittee Substitute · 3 edits
MINOR
The bill text was reformatted from a traditional legislative format to a House Substitute version with different line numbering and spacing. The substantive policy content regarding legal representation for indigent defendants, guardian ad litem appointments, and fee assessments appears unchanged in the visible portions of the diff. The formatting changes affect how the bill is organized but do not alter the underlying legal provisions.
TECHNICAL

The document was reformatted from a standard legislative format to a House Substitute version with different line numbering (1-43 instead of paragraph letters), additional spacing, and different header formatting including 'HOUSE SUBSTITUTE' and bill number '26107499D'.

Date formatting changed from '2/09/2026' at the top to '2/9/26 15:24' in the middle of the document, and the header now includes '2026 SESSION' in a different position.

The bill title and description section was reorganized with line numbers replacing the traditional paragraph lettering system, and the text was split across multiple lines with different indentation.

Floor votes · House of Delegates Feb 13, 2026

How they voted

5034
Passed · 4 other
Total votes 88
Feb 13, 2026
D Democratic53
50 Yea 3
94% Yea
R Republican35
34 Nay 1
97% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
21
Key actions
6
Committee
9
Feb 23, 2026
Upper · Passed
Reported from Courts of Justice and rereferred to Finance and Appropriations (9-Y 5-N)
upper
Feb 16, 2026
Committee
Referred to Committee for Courts of Justice
upper
Feb 13, 2026
Lower · Passed
Read third time and passed House (60-Y 35-N 0-A)
lower
Feb 9, 2026
Lower · Passed
Reported from Appropriations with substitute (15-Y 7-N)
lower
Feb 9, 2026
Lower · Passed
House subcommittee offered
lower
Feb 5, 2026
Committee
Assigned HAPP sub: General Government and Capital Outlay
lower
Feb 4, 2026
Lower · Passed
Reported from Courts of Justice and referred to Appropriations (15-Y 7-N)
lower
Jan 30, 2026
Lower · Passed
Subcommittee recommends reporting and referring to Appropriations (7-Y 3-N)
lower
Jan 29, 2026
Committee
Assigned HCJ sub: Criminal
lower
Jan 13, 2026
Committee
Referred to Committee for Courts of Justice
lower
1 primary · 8 co-sponsors

Sponsors