Bill Text: VA SB633 | 2024 | Regular Session | Comm Sub
Bill Title: Court fines and fees; indigent defendant, waiver of fees.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-02-07 - Continued to 2025 in Finance and Appropriations (14-Y 0-N 1-A) [SB633 Detail]
Download: Virginia-2024-SB633-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §§19.2-326 and 19.2-362 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 19.2-362.1 as follows:
§19.2-326. Payment of expenses of appeals of indigent defendants.
In any felony or misdemeanor case wherein the judge of the circuit
court, from the affidavit of the defendant or any other evidence,
certifies that the defendant is financially unable to pay his attorneys'
attorney fees, costs, and expenses incident to an appeal, the court
to which an appeal is taken shall order the payment of such attorneys'
attorney fees in an amount not less than $300, and costs or
necessary expenses of such attorneys attorney in an amount deemed
reasonable by the court, by the Commonwealth out of the appropriation
for criminal charges. If the conviction is upheld on appeal, the attorney's
attorney fees, costs, and necessary expenses of such attorney paid
by the Commonwealth under the provisions hereof shall of this section
may be assessed against the defendant.
§19.2-362. Court not to remit fine or penalty, other than fine for contempt, except as provided in §19.2-358.
No court shall remit any fine or penalty, except for a contempt, which the court during the same term may remit either wholly or in part, and except as provided in §19.2-358 or 19.2-362.1. This section shall not impair the judicial power of the court to set aside a verdict or judgment, or to grant a new trial.
§19.2-362.1. Determination of indigence for assessment of fees; waiver of fees.
Notwithstanding any other provision of law, in any criminal or traffic case, the court may waive the assessment of any fees, either wholly or in part, as provided for by §§16.1-69.48:1, 16.1-69.48:1.01, 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.5, 17.1-275.7, 17.1-275.8, 17.1-275.9, 17.1-275.10, 17.1-275.11, 17.1-275.12, 17.1-275.13, and 17.1-275.14 if the court determines the defendant to be indigent pursuant to §19.2-159 and is unable to pay such fee. The court may make such determination either sua sponte or upon motion of the defendant at any time prior to the entry of order for which such fee is assessed or final order has been entered. In making such determination, there shall be a presumption that a person who is deemed indigent pursuant to §19.2-159, or has already been deemed indigent during the pendency of a criminal or traffic case pursuant to §19.2-159, is unable to pay fees and shall be accorded relief, unless the court makes a specific finding to the contrary.
