SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2009 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 17.1-281 of the Code of Virginia is amended and reenacted as follows:
§ 17.1-281. Assessment for courthouse construction, renovation, or maintenance.
A. Any county or city, through its governing body, may assess
a sum not in excess of two dollars as part of the costs in (i) each civil
action filed in the district or circuit courts located within its boundaries
and (ii) each criminal or traffic case in its district or circuit court in
which the defendant is charged with a violation of any statute or ordinance. The
total assessments authorized by any county or city in a civil action pursuant
to this section and § 42.1-70 shall not exceed four dollars. If a town
provides court facilities for a county, the governing body of the county shall
return to the town a portion of the assessments collected based on the number
of civil, criminal and traffic cases originating and heard in the town.
B. The imposition of such assessment shall be by ordinance of the governing body which may provide for different sums in circuit courts and district courts. The assessment shall be collected by the clerk of the court in which the action is filed, remitted to the treasurer of the appropriate county or city and held by such treasurer subject to disbursements by the governing body for the construction, renovation, or maintenance of courthouse or jail and court-related facilities and to defray increases in the cost of heating, cooling, electricity, and ordinary maintenance.
C. Any county or city, which, on or after January 1, 2008, operated a courthouse not in compliance with the current safety and security guidelines contained in the Virginia Courthouse Facility Guidelines, as certified by the Department of General Services upon application to the Department by the county or city, and which cannot be feasibly renovated to correct such non-compliance, through its governing body, may assess an additional sum not in excess of three dollars as part of the costs in (i) each civil action filed in the district or circuit courts located within its boundaries and (ii) each criminal or traffic case in its district or circuit court in which the defendant is charged with a violation of any statute or ordinance. Such additional fee assessed under this subsection shall not be assessed in any civil action if the amount in controversy is $500 or less. Any locality which applies for certification from the Department under this subsection shall reimburse the Department for the actual costs incurred by the Department in complying with the certification request.
D. The imposition of such assessment shall be by ordinance of the governing body, which may provide for different sums in circuit courts and district courts. The assessment shall be collected by the clerk of the court in which the action is filed, remitted to the treasurer of the appropriate county or city, and held by such treasurer subject to disbursements by the governing body solely for the construction, reconstruction, renovation of, or adaptive re-use of a structure for a courthouse.
E. The assessment assessments provided
for herein shall be in addition to any other fees prescribed by law. The assessment
assessments shall be required in each felony, misdemeanor, or
traffic infraction case, regardless of the existence of a local ordinance
requiring its their payment.