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2008 SESSION
088168692Be it enacted by the General Assembly of Virginia:
1. That §§ 16.1-69.48:1, 17.1-275.7, 19.2-303.4, 19.2-335, and 19.2-336 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 17 of Chapter 8 of Title 46.2 a section numbered 46.2-943.1 as follows:
§ 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, or 46.2-943.1.
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).
§ 17.1-275.7. 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, deferred disposition of proceedings pursuant to the terms and conditions of § 46.2-943.1, 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, 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);
2. Witness expenses/expert witness fee (General Fund) (.0285714);
3. Virginia Crime Victim-Witness Fund (.0428571);
4. Intensified Drug Enforcement Jurisdiction Fund (.0571429);
5. Criminal Injuries Compensation Fund (.2857143);
6. Commonwealth's Attorney Fund (state share) (.0357143);
7. Commonwealth's Attorney Fund (local share) (.0357143);
8. Regional Criminal Justice Academy Training Fund (.0142857);
9. Warrant fee, as prescribed by § 17.1-272 (.1714286);
10. Courthouse Construction/Maintenance Fund (.0285714); and
11. Clerk of the circuit court (.2857143).
§ 19.2-303.4. Payment of costs when proceedings deferred and defendant placed on probation.
A circuit or district court, which has deferred further
proceedings, without entering a judgment of guilt, and placed a defendant on
probation subject to terms and conditions pursuant to § 4.1-305, 16.1-278.8,
16.1-278.9, 18.2-57.3, 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-251 or,
19.2-303.2, or 46.2-943.1,
shall impose upon the defendant costs.
§ 19.2-335. Judge of district court to certify to clerk of circuit court costs of proceedings in criminal cases before him.
A judge of a district court before whom there is any
proceeding in a criminal case, including any proceeding which has been deferred
upon probation of the defendant pursuant to § 16.1-278.8, 16.1-278.9, 18.2-61,
18.2-67.1, 18.2-67.2, 18.2-251 or,
19.2-303.2, or 46.2-943.1,
shall certify to the clerk of the circuit court of his county or city, and a
judge or court before whom there is, in a criminal case, any proceeding
preliminary to conviction in another court, upon receiving information of the
conviction from the clerk of the court wherein it is, shall certify to such
clerk, all the expenses incident to such proceedings which are payable out of
the state treasury.
§ 19.2-336. Clerk to make up statement of whole cost, and issue execution therefor.
In every criminal case the clerk of the circuit court in which
the accused is found guilty or is placed on probation during deferral of the
proceedings pursuant to § 16.1-278.8, 16.1-278.9, 18.2-61, 18.2-67.1,
18.2-67.2, 18.2-251 or,
19.2-303.2, or 46.2-943.1,
or, if the conviction is in a district court, the clerk to which the judge
thereof certifies as aforesaid, shall, as soon as may be, make up a statement
of all the expenses incident to the prosecution, including such as are
certified under § 19.2-335, and execution for the amount of such expenses shall
be issued and proceeded with. Chapter 21 (§ 19.2-339 et seq.) of this title
shall apply thereto in like manner as if, on the day of completing the
statement, there was a judgment in such court in favor of the Commonwealth
against the accused for such amount as a fine. However, in any case in which an
accused waives trial by jury, at least 10 days before trial, but the
Commonwealth or the court trying the case refuses to so waive, then the cost of
the jury shall not be included in such statement or judgment.
§ 46.2-943.1. Persons charged with first traffic offense may be placed on probation.
Whenever any person who has not (i) previously been convicted of any traffic offense as defined in § 46.2-943, including any traffic infraction, or any statute of the United States or of any state relating to traffic offenses; (ii) previously been referred to a traffic school or driver improvement clinic in lieu of a conviction for a traffic infraction; or (iii) previously had proceedings against him dismissed pursuant to this section pleads or is found guilty of a traffic infraction, the court may, without entering a judgment of guilt and with the consent of the accused, defer further proceedings and place him on probation. As a condition of probation, the court shall require that the accused not be convicted of any additional traffic offenses committed within a six-month period from the date of the deferment. Upon violation of this condition, the court shall enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of this condition, the court shall discharge the accused and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings.