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Developed and maintained by the Division of Legislative Automated Systems.
2010 SESSION
10102122DBe 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. Assessments for electronic summons system and 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. 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.
CB. Any county or city [ , or county and city
operating a combined courthouse, ] 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 noncompliance, through its governing
body [ , or the respective governing
bodies, ] 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 [ (for a combined facility
either jurisdiction may act on behalf of both) ] 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.
C. Any county or city, through its governing body, may assess an additional sum not in excess of $3 as part of the costs in each criminal or traffic case in the district or circuit courts located within its boundaries in which the defendant is charged with a violation of any statute or ordinance.
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 case is heard, remitted to the treasurer of the appropriate county or city, and held by such treasurer subject to disbursements by the governing body to a local law-enforcement agency solely to fund software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system.
ED. The assessments provided for herein shall be
in addition to any other fees prescribed by law. The assessments shall be
required in each felony, misdemeanor, or traffic infraction case, regardless of
the existence of a local ordinance requiring their payment.