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2004 SESSION
040871104Be it enacted by the General Assembly of Virginia:
1. That [ §§ 16.1-69.48:1 and 20-15 of the Code of Virginia are § 20-15 of the
Code of Virginia is ] amended and reenacted, and that the Code of Virginia is amended by adding in
Article 1 of Chapter 1 of Title 9.1 a section numbered 9.1-116.1 as follows:
§ 9.1-116.1. Virginia Domestic Violence Victim Fund; purpose; guidelines.
A. There is created the Virginia Domestic Violence Victim Fund as a special nonreverting fund to be administered by the Department of Criminal Justice Services to support the prosecution of domestic violence cases and victim services.
B. The Department shall adopt guidelines, the purpose of which shall be to make funds available to (i) local attorneys for the Commonwealth for the purpose of funding the cost of additional attorneys or to further dedicate existing resources to prosecute felonies and misdemeanors involving domestic violence [ , sexual abuse, stalking ] and family abuse, and (ii) law-enforcement authorities or appropriate programs, including civil legal assistance, to assist in protecting and providing necessary services to victims of and children affected by domestic violence [ , sexual abuse, stalking ] and family abuse.
C. A portion of the sum collected pursuant to [ §§ 16.1-69.48:1 and 20-15 §
20-15 ] as specified in those sections shall be deposited into the state
treasury to the credit of this Fund in addition to any other monies
appropriated, allocated or received specifically for such purpose. The Fund
shall be distributed according to grant procedures adopted pursuant to this
section and shall be established on the books of the Comptroller. Any funds
remaining in such Fund at the end of the biennium shall not revert to the
general fund but shall remain in the Fund. Interest earned on the Fund shall be
credited to the Fund.
D. The Department shall establish a grant procedure to govern funds awarded for this purpose.
[ § 16.1-69.48:1. Fixed fee for misdemeanors, traffic infractions and other
violations in district court; additional fees to be added.
A. Assessment of the fees provided for in this section shall be based on: (i)
an appearance for court hearing in which there has been a finding of guilty;
(ii) a written appearance with waiver of court hearing and entry of guilty
plea; (iii) for a defendant failing to appear, a trial in his or her absence
resulting in a finding of guilty; (iv) an appearance for court hearing in which
the court requires that the defendant successfully complete traffic school or a
driver improvement clinic, in lieu of a finding of guilty; or (v) a deferral of
proceedings pursuant to §§ 4.1-305, 16.1-278.8, 16.1-278.9, 18.2-57.3,
18.2-67.2:1, 18.2-251 or § 19.2-303.2.
In addition to any other fee prescribed by this section, a fee of $20 shall be
taxed as costs whenever a defendant fails to appear, unless, after a hearing
requested by such person, good cause is shown for such failure to appear. No
defendant with multiple charges arising from a single incident shall be taxed
the fee provided in this section more than once for a single appearance or
trial in absence related to that incident. A defendant with charges which arise
from separate incidents shall be taxed a fee for each incident even if the
charges from the multiple incidents are disposed of in a single appearance or
trial in absence.
In addition to the fixed fees assessed pursuant to this section, in the
appropriate cases, the clerk shall also assess any costs otherwise specifically
provided by statute.
B. In misdemeanors tried in district court, except for those proceedings
provided for in subsection C, there shall be assessed as court costs a fixed fee
of $59 $61. The amount collected, in whole or in part, for the fixed fee
shall be apportioned, as provided by law, to the following funds in the fractional
amounts designated:
1. Processing fee (General Fund) (.593220.573770);
2. Virginia Crime Victim-Witness Fund (.050847.049180);
3. Regional Criminal Justice Training Academies Fund (.016949.016393);
4. Courthouse Construction/Maintenance Fund (.033898.032787);
5. Criminal Injuries Compensation Fund (.101694.098361);
6. Intensified Drug Enforcement Jurisdiction Fund (.067796.065574); and
7. Sentencing/supervision fee (General Fund) (.135593.131148); and
8. Virginia Domestic Violence Victim Fund (.032787).
C. In criminal actions and proceedings in district court for a violation of any
provision of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, there
shall be assessed as court costs a fixed fee of $134 $136. The amount
collected, in whole or in part, for the fixed fee shall be apportioned, as
provided by law, to the following funds in the fractional amounts designated:
1. Processing fee (General Fund) (.261194.257353);
2. Virginia Crime Victim-Witness Fund (.022388.022059);
3. Regional Criminal Justice Training Academies Fund (.007462.007353);
4. Courthouse Construction/Maintenance Fund (.014925.014706);
5. Criminal Injuries Compensation Fund (.044776.044118);
6. Intensified Drug Enforcement Jurisdiction Fund (.029850.029412);
7. Drug Offender Assessment Fund (.559701.551471); and
8. Forensic laboratory fee and sentencing/
supervision fee (General Fund) (.059701.058824); and
9. Virginia Domestic Violence Victim Fund (.014706).
D. In traffic infractions tried in district court, there shall be assessed as
court costs a fixed fee of $49 $51. The amount collected, in whole or in part,
for the fixed fee shall be apportioned, as provided by law, to the following funds in
the fractional amounts designated:
1. Processing fee (General Fund) (.795918.764706);
2. Virginia Crime Victim-Witness Fund (.061224.058824);
3. Regional Criminal Justice Training Academies Fund (.020408.019608);
4. Courthouse Construction/Maintenance Fund (.040816.039216); and
5. Intensified Drug Enforcement Jurisdiction Fund (.081632.078431); and
6. Virginia Domestic Violence Victim Fund (.039216).]
§ 20-15. Tax on license.
On each marriage license issued under § 20-14 there is hereby levied a license
tax of twenty dollars $20, which tax shall be collected by the clerk when the
license is issued and accounted for as in the case of other state taxes collected by
him. Ten dollars of this license tax shall be allocated to the [ Virginia
Domestic Violence Victim Fund pursuant to 9.1-116.1. Virginia Department of
Social Services for the purpose of providing services to victims of domestic
violence. ]
2. The Department of Criminal Justice Services, in cooperation with the Statewide Facilitator for Victims of Domestic Violence within the Office of the Attorney General, shall make all reasonable efforts to secure federal funds or other grant monies that may be made available for programs consistent with the purposes delineated in § 9.1-116.1.