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2012 SESSION

12104306D
HOUSE BILL NO. 185
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Counties, Cities and Towns
on January 20, 2012)
(Patron Prior to Substitute--Delegate Gilbert)
A BILL to amend the Code of Virginia by adding a section numbered 19.2-340.1, relating to disposition of fines and forfeitures.

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 19.2-340.1 as follows:

§ 19.2-340.1. Disposition of fines in criminal cases.

A. In a county, city, or town whose governing body lawfully adopts an ordinance that imposes a criminal penalty, all fines and forfeitures collected upon conviction or upon forfeiture of bail of any person for a violation of the ordinance shall be paid into the county, city, or town treasury. Fees shall be disposed of according to law.

B. When a law-enforcement officer of (i) the Department of State Police or (ii) any other division of the state government makes an arrest or issues a summons for a violation of a provision of the Code of Virginia, the person arrested or summoned shall be charged with and tried for a violation of that Code provision and shall not be charged with and tried for a substantially similar local ordinance. All fines and forfeitures collected upon conviction or upon forfeiture of bail of any person so arrested or summoned shall be credited to the Literary Fund.