SB776Introduced in the Senate
Probationer; requiring fines, costs, restitution for damages, etc., failure to pay.
Introduced by Tammy Brankley Mulchi, District 9
What does this bill do?
Plain-English breakdown
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Official description
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.
Where it stands
Acts of Assembly Chapter text (CHAP0953)
April 13, 2026
How did lawmakers vote?
House of Delegates votes
4 recorded votes · each counted separately
Senate votes
4 recorded votes · each counted separately
SenateStage: House amendments agreed to by Senate (40-Y 0-N 0-A) · March 6, 2026
40
Yes
0
No
0
Absent or Not Voting
40 senators recorded in this Senate vote. Colors show vote categories only, not whether a vote was good or bad.
See how each senator voted
| Senator | District | Vote |
|---|---|---|
| Elizabeth Bennett-Parker | 5 | Yes |
| Michael Jones | 77 | Yes |
| Timmy French | 1 | Yes |
| Mark Obenshain | 2 | Yes |
| Chris Head | 3 | Yes |
| David Suetterlein | 4 | Yes |
| Travis Hackworth | 5 | Yes |
| Todd Pillion | 6 | Yes |
| William Stanley | 7 | Yes |
| Mark Peake | 8 | Yes |
Bill history
Presented and ordered printed 26102472D
Referred to Committee for Courts of Justice
Reported from Courts of Justice with amendments (12-Y 3-N)
Rules suspended
Constitutional reading dispensed (on 1st reading) (39-Y 0-N 0-A)
Passed by for the day (Voice Vote)
Passed by for the day
Read second time
Courts of Justice Amendments agreed to Block Vote
Engrossed by Senate as amended (Voice Vote)
Read third time and passed Senate (34-Y 6-N 0-A)
Placed on Calendar
Read first time
Referred to Committee for Courts of Justice
Assigned HCJ sub: Criminal
Subcommittee recommends reporting with amendment(s) (10-Y 0-N)
Reported from Courts of Justice with amendment(s) (22-Y 0-N)
Read second time
Read third time
committee amendments agreed to
Engrossed by House as amended
Passed House with amendments (97-Y 0-N 0-A)
Reconsideration of passage agreed to by House
Passed House with amendments (99-Y 0-N 0-A)
House amendments agreed to by Senate (40-Y 0-N 0-A)
Enrolled
Bill text as passed Senate and House (SB776ER)
Signed by Speaker
Signed by President
Enrolled Bill communicated to Governor on March 14, 2026
Governor's Action Deadline 11:59 p.m., April 13, 2026
Approved by Governor-Chapter 953 (effective 7/1/2026)
Acts of Assembly Chapter text (CHAP0953)
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