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2016 SESSION
16100428DBe it enacted by the General Assembly of Virginia:
1. That §§ 16.1-69.48:1, 17.1-275.2, 17.1-275.7, 18.2-57.4, and 19.2-303.4 of the Code of Virginia are amended and reenacted 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, a mature driver motor vehicle crash prevention course, or a
driver improvement clinic, in lieu of a finding of guilty; (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 (vi) proof
of compliance with law under §§ 46.2-104 and 46.2-1158.02.
In addition to any other fee prescribed by this section, a fee of $35 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 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).
§ 17.1-275.2. 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 $227, 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) (.1695154);
2. Forensic science fund (.1707048);
3. Court reporter fund (.1465639);
4. Witness expenses/expert witness fund (.0088106);
5. Virginia Crime Victim-Witness Fund (.0132159);
6. Intensified Drug Enforcement Jurisdiction Fund (.0176211);
7. Criminal Injuries Compensation Fund (.0881057);
8. Commonwealth's attorney fund (state share) (.0881057);
9. Commonwealth's attorney fund (local share) (.0881057);
10. Regional Criminal Justice Academy Training Fund (.0044053);
11. Warrant fee (.0528634);
12. Courthouse construction/maintenance fund (.0088106); and
13. Clerk of the circuit court (.1431718).
§ 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; (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; or (iv) proof of compliance with law under
§§ 46.2-104 and 46.2-1158.02, there shall be assessed as court costs a fee of
$80, 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) (.0125000);
2. Witness expenses/expert witness fee (General Fund) (.0250000);
3. Virginia Crime Victim-Witness Fund (.0375000);
4. Intensified Drug Enforcement Jurisdiction Fund (.0500000);
5. Criminal Injuries Compensation Fund (.2500000);
6. Commonwealth's Attorney Fund (state share) (.0937500);
7. Commonwealth's Attorney Fund (local share) (.0937500);
8. Regional Criminal Justice Academy Training Fund (.0125000);
9. Warrant fee, as prescribed by § 17.1-272 (.1500000);
10. Courthouse Construction/Maintenance Fund (.0250000); and
11. Clerk of the circuit court (.2500000).
§ 18.2-57.4. Reporting findings of assault and battery to military family advocacy representatives.
If any active duty member of the United States Armed Forces is
found guilty of a violation of § 18.2-57.2 or
§ 18.2-57.3, the court shall report the conviction to
family advocacy representatives of the United States Armed Forces.
§ 19.2-303.4. Payment of costs when proceedings deferred and defendant placed on probation.
A circuit or district court, which that 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, shall impose upon the
defendant costs.
2. That § 18.2-57.3 of the Code of Virginia is repealed.
3. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and $0 for periods of commitment to the custody of the Department of Juvenile Justice.