Virginia legislation · 2026 Regular Session
Virginia SB776: 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.
Status: Chaptered, April 13, 2026
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.
What the bill says
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. [S 776] Approved April 13, 2026 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 condit.
From the enrolled text, April 13, 2026:
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. [S 776] Approved April 13, 2026 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 …