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Developed and maintained by the Division of Legislative Automated Systems.
2003 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-349 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-349. Responsibility for collections; clerks to report unsatisfied fines, etc.; duty of attorneys for Commonwealth; assistance by the office of the Attorney General.
A. The clerk of the circuit court and district court of every county and city
shall submit to the judge of his court, the Department of Taxation, the State
Compensation Board and the attorney for the Commonwealth of his county or city
a monthly report of all fines, costs, forfeitures and penalties which are
delinquent more than thirty 30 days, including court-ordered restitution of a
sum certain, imposed in his court for a violation of state law or a local ordinance which remain
unsatisfied, including those which are delinquent in installment payments. The monthly report shall
include the social security number or driver's license number of the defendant,
if known, and such other information as the Department of Taxation and the
Compensation Board deem appropriate. The Executive Secretary shall make the
report required by this subsection on behalf of those clerks who participate in
the Supreme Court's automated information system.
B. It shall be the duty of the attorney for the Commonwealth to cause proper
proceedings to be instituted for the collection and satisfaction of all fines,
costs, forfeitures, penalties and restitution. The attorney for the
Commonwealth shall determine whether it would be impractical or uneconomical
for such service to be rendered by the office of the attorney for the
Commonwealth. If the defendant does not enter into an installment payment
agreement under § 19.2-354, the attorney for the Commonwealth and the clerk may
agree to a process by which collection activity may be commenced fifteen 15
days after judgment.
If the attorney for the Commonwealth does not undertake collection, he shall
contract with (i) private attorneys or private collection agencies, (ii) enter
into an agreement with a local governing body, or (iii) enter into an agreement
with the county or city treasurer, or (iv) use the services of the Department
of Taxation, upon such terms and conditions as may be established by guidelines
promulgated by the Office of the Attorney General, the Executive Secretary of
the Supreme Court with the Department of Taxation and the Compensation Board.
If the attorney for the Commonwealth undertakes collection, he shall follow the
procedures established by the Department of Taxation and the Compensation
Board. Such guidelines shall not supersede contracts between attorneys for the
Commonwealth and private attorneys and collection agencies when active
collection efforts are being undertaken.
The fees of any private attorneys or collection agencies shall be paid on a contingency fee basis out of the proceeds of the amounts collected. However, in no event shall such attorney or collection agency receive a fee for amounts collected by the Department of Taxation under the Setoff Debt Collection Act (§ 58.1-520 et seq.).
C. The Department of Taxation and the State Compensation Board shall be responsible for the collection of any judgment which remains unsatisfied or does not meet the conditions of § 19.2-354. Persons owing such unsatisfied judgments or failing to comply with installment payment agreements under § 19.2-354 shall be subject to the delinquent tax collection provisions of Title 58.1. The Department of Taxation and the State Compensation Board shall establish procedures to be followed by clerks of courts, attorneys for the Commonwealth, other state agencies and any private attorneys or collection agents and may employ private attorneys or collection agencies, or engage other state agencies to collect the judgment. The Department of Taxation and the Commonwealth shall be entitled to deduct a fee for services from amounts collected for violations of local ordinances.
The Department of Taxation and the State Compensation Board shall annually report to the Governor and the General Assembly the total of fines, costs, forfeitures and penalties assessed, collected, and unpaid and those which remain unsatisfied or do not meet the conditions of § 19.2-354 by each circuit and district court. The report shall include the procedures established by the Department of Taxation and the State Compensation Board pursuant to this section and a plan for increasing the collection of unpaid fines, costs, forfeitures and penalties. The Auditor of Public Accounts shall annually report to the Governor, the Executive Secretary of the Supreme Court and the General Assembly as to the adherence of clerks of courts, attorneys for the Commonwealth and other state agencies to the procedures established by the Department of Taxation and the State Compensation Board.