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Bill > HB981


VA HB981

VA HB981
Criminal cases; prosecutorial misconduct, reasonable costs and attorney fees.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead
03/14/2026

Introduced Session

2026 Regular Regular Session

Bill Summary

Criminal cases; prosecutorial misconduct; reasonable costs and attorney fees. Entitles a defendant to recover reasonable costs and attorney fees when a criminal case against him is dismissed and it is discovered that prosecutorial misconduct was present or an abuse of process occurred in such case.

AI Summary

This bill, by adding a new section to the Code of Virginia, establishes that if a criminal case is dismissed and it's found that prosecutorial misconduct or an abuse of process occurred, the defendant can recover their reasonable costs and attorney fees. Prosecutorial misconduct or abuse of process includes situations where charges were filed without a good reason (knowing lack of probable cause) or with harmful intent (malicious intent). This provision applies whether the defendant had a court-appointed lawyer or hired their own attorney.

Committee Categories

Education, Justice

Sponsors (1)

Last Action

Left in Committee Courts of Justice (on 02/18/2026)

Bill Topics

Law, Crime, and Family Issues
  • ‐ Criminal and Juvenile Delinquent Prosecution, Procedure, and Sentencing

bill text


bill summary

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bill summary

Document Type Source Location Created
State Bill Page https://lis.virginia.gov/bill-details/20261/HB981 01/14/2026
BillText https://lis.virginia.gov/bill-details/20261/HB981/text/HB981 01/14/2026
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