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2004 SESSION


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact §§ 16.1-69.48:1 and 20-15 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 9.1 a section numbered 9.1-116.1, relating to domestic violence; fund for prosecutions.
[H 1234]
Approved

Be it enacted by the General Assembly of Virginia:

1. That §§ 16.1-69.48:1 and 20-15 of the Code of Virginia are 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 as specified in that section 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 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.