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2006 SESSION

069825285
HOUSE BILL NO. 1409
Offered January 13, 2006
A BILL to amend and reenact §§ 9.1-116.1, 16.1-69.48:1, 17.1-275.1, 17.1-275.2, 17.1-275.7, and 17.1-275.8 of the Code of Virginia, relating to changing the name of the Domestic Violence Victim Fund to the Sexual and Domestic Violence Victim Fund.
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Patrons-- Crockett-Stark and Carrico
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1.  That §§ 9.1-116.1, 16.1-69.48:1, 17.1-275.1, 17.1-275.2, 17.1-275.7, and 17.1-275.8 of the Code of Virginia are amended and reenacted as follows:

§ 9.1-116.1. Virginia Sexual and Domestic Violence Victim Fund; purpose; guidelines.

A. There is created the Virginia Sexual and 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 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, 18.2-251 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 applicable fixed fee provided in subsection B, C, or D of this section more than once for a single appearance or trial in absence related to that incident. However, when a defendant who has multiple charges arising from the same incident and who has been assessed a fixed fee for one of those charges is later convicted of another charge that arises from that same incident and that has a higher fixed fee, he shall be assessed the difference between the fixed fee earlier assessed and the higher fixed fee.

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 $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) (.573770);

2. Virginia Crime Victim-Witness Fund (.049180);

3. Regional Criminal Justice Training Academies Fund (.016393);

4. Courthouse Construction/Maintenance Fund (.032787);

5. Criminal Injuries Compensation Fund (.098361);

6. Intensified Drug Enforcement Jurisdiction Fund (.065574);

7. Sentencing/supervision fee (General Fund) (.131148); and

8. Virginia Sexual and 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 $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) (.257353);

2. Virginia Crime Victim-Witness Fund (.022059);

3. Regional Criminal Justice Training Academies Fund (.007353);

4. Courthouse Construction/Maintenance Fund (.014706);

5. Criminal Injuries Compensation Fund (.044118);

6. Intensified Drug Enforcement Jurisdiction Fund (.029412);

7. Drug Offender Assessment and Treatment Fund (.551471);

8. Forensic laboratory fee and sentencing/supervision fee (General Fund) (.058824); and

9. Virginia Sexual and Domestic Violence Victim Fund (.014706).

D. In traffic infractions tried in district court, there shall be assessed as court costs a fixed fee of $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) (.764706);

2. Virginia Crime Victim-Witness Fund (.058824);

3. Regional Criminal Justice Training Academies Fund (.019608);

4. Courthouse Construction/Maintenance Fund (.039216);

5. Intensified Drug Enforcement Jurisdiction Fund (.078431); and

6. Virginia Sexual and Domestic Violence Victim Fund (.039216).

§ 17.1-275.1. Fixed felony fee.

Upon conviction of any and each felony charge or upon a deferred disposition of proceedings in circuit court in the case of any and each felony disposition deferred pursuant to the terms and conditions of § 16.1-278.8, 16.1-278.9, 18.2-61, 18.2-67.1, or 18.2-251, there shall be assessed as court costs a fee of $350 $352, to be known as the fixed felony fee.

The amount collected, in whole or in part, for the fixed felony fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:

1. Sentencing/supervision fee (General Fund) (.5041143 5012500);

2. Forensic science fund (.1107143 1100852);

3. Court reporter fund (.0950571 0945170);

4. Witness expenses/expert witness fund (.0057143 0056818);

5. Virginia Crime Victim-Witness Fund (.0085714 0085227);

6. Intensified Drug Enforcement Jurisdiction Fund (.0114286 0113637);

7. Criminal Injuries Compensation Fund (.0857143 0852273);

8. Commonwealth's attorney fund (state share) (.0214286 0213068);

9. Commonwealth's attorney fund (local share) (.0214286 0213068);

10. Regional Criminal Justice Academy Training Fund (.0028571 0028409);

11. Warrant fee (.0342857 0340909);

12. Courthouse construction/maintenance fund (.0057143 0056818); and

13. Clerk of the circuit court (.0929714 0924432). ; and

14. Virginia Sexual and Domestic Violence Victim Fund (.0056818).

§ 17.1-275.2. Fixed fee for felony reduced to misdemeanor.

In circuit court, upon the conviction of a person of any and each misdemeanor reduced from a felony charge, or upon a deferred disposition of proceedings in the case of any and each misdemeanor reduced from a felony charge and deferred pursuant to the terms and conditions of § 4.1-305, 16.1-278.8, 16.1-278.9, 18.2-57.3, or 19.2-303.2, there shall be assessed as court costs a fee of $202 $204, to be known as the fixed fee for felony reduced to misdemeanor. However, this section shall not apply to those proceedings provided for in § 17.1-275.8.

The amount collected, in whole or in part, for the fixed fee for felony reduced to misdemeanor shall be apportioned to the following funds in the fractional amounts designated:

1. Sentencing/supervision fee (General Fund) (.1904950 1886274);

2. Forensic science fund (.1918317 1899510);

3. Court reporter fund (.1647030 1630883);

4. Witness expenses/expert witness fund (.0099010 0098039);

5. Virginia Crime Victim-Witness Fund (.0148515 0147059);

6. Intensified Drug Enforcement Jurisdiction Fund (.0198020 0196079);

7. Criminal Injuries Compensation Fund (.0990099 0980392);

8. Commonwealth's attorney fund (state share) (.0371287 0367647);

9. Commonwealth's attorney fund (local share) (.0371287 0367647);

10. Regional Criminal Justice Academy Training Fund (.0049505 0049020);

11. Warrant fee (.0594059 0588235);

12. Courthouse construction/maintenance fund (.0099010 0098039); and

13. Clerk of the circuit court (.1608911 1593137). ; and

14. Virginia Sexual and Domestic Violence Victim Fund (.0098039).

§ 17.1-275.7. Fixed misdemeanor fee.

In circuit court, upon (i) conviction of any and each misdemeanor, not originally charged as a felony; (ii) a deferred disposition of proceedings in the case of any and each misdemeanor not originally charged as a felony and deferred pursuant to the terms and conditions of § 4.1-305, 16.1-278.8, 16.1-278.9, 18.2-57.3, or 19.2-303.2; or (iii) any and each conviction of a traffic infraction or referral to a driver improvement clinic or traffic school in lieu of a finding of guilt for a traffic infraction, there shall be assessed as court costs a fee of $70 $72, to be known as the fixed misdemeanor fee. However, this section shall not apply to those proceedings provided for in § 17.1-275.8. This fee shall be in addition to any fee assessed in the district court.

The amount collected, in whole or in part, for the fixed misdemeanor fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:

1. Sentencing/supervision fee (General Fund) (.0142857 0138889);

2. Witness expenses/expert witness fee (General Fund) (.0285714 0277778);

3. Virginia Crime Victim-Witness Fund (.0428571 0416666);

4. Intensified Drug Enforcement Jurisdiction Fund (.0571429 0555556);

5. Criminal Injuries Compensation Fund (.2857143 2777778);

6. Commonwealth's Attorney Fund (state share) (.0357143 0347222);

7. Commonwealth's Attorney Fund (local share) (.0357143 0347222);

8. Regional Criminal Justice Academy Training Fund (.0142857 0138889);

9. Warrant fee, as prescribed by § 17.1-272 (.1714286 1666667);

10. Courthouse Construction/Maintenance Fund (.0285714 0277778); and

11. Clerk of the circuit court (.2857143 2777778).; and

12.  Virginia Sexual and Domestic Violence Victim Fund (.0277778).

§ 17.1-275.8. Fixed drug misdemeanor fee.

In circuit court, upon conviction of any and each misdemeanor charge, whether or not originally charged as a felony, for a violation of any provision of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, or upon a deferred disposition of proceedings in the case of any and each misdemeanor charge, whether or not originally charged as a felony, deferred pursuant to the terms and conditions of § 18.2-251, there shall be assessed as court costs a fee of $286.50 $288.50, to be known as the fixed drug misdemeanor fee. This fee shall be in addition to any fee assessed in the district court.

The amount collected, in whole or in part, for the fixed drug misdemeanor fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:

1. Sentencing/supervision fee (General Fund) (.1308901 1299827);

2. Court Reporter Fund (.0174520 0173310);

3. Witness expenses/expert witness fee (General Fund) (.0069808 0069324);

4. Virginia Crime Victim-Witness Fund (.0104712 0103986);

5. Intensified Drug Enforcement Jurisdiction Fund (.0139616 0138648);

6. Criminal Injuries Compensation Fund (.0698080 0693241);

7. Commonwealth's Attorney Fund (state share) (.0087260 0086655);

8. Commonwealth's Attorney Fund (local share) (.0087260 0086655);

9. Regional Criminal Justice Academy Training Fund (.0034904 0034662);

10. Warrant fee, as prescribed by § 17.1-272 (.0418848 0415944);

11. Courthouse Construction/Maintenance Fund (.0069808 0069324);

12. Clerk of the circuit court (.0698080 0693241);

13. Forensic laboratory fee (General Fund) (.3490401 3466204); and

14. Drug Offender Assessment and Treatment Fund (.2617801 2599653). ; and

15. Virginia Sexual and Domestic Violence Victim Fund (.0069324).