GOVERNOR'S RECOMMENDATION

1. Page 1, enrolled, in the first line of the title, after § 15.1-132.1

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and § 18.2-268.8

2. Page 1, enrolled, the second line of the title, after expenses

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incurred in responding to DUI incidents in counties, cities and towns

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and collection of fees related to DUI incidents

3. Page 1, enrolled, the first line of the first enactment clause, after § 15.1-132.1

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and § 18.2-268.8

4. Page 1, enrolled, the first line of the first enactment clause, after Virginia

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is

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are

5. Page 1, enrolled, after the twelfth line

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§ 18.2-268.8. Fees.

Payment for withdrawing blood shall not exceed twenty-five dollars, which shall be paid out of the appropriation for criminal charges. If the person whose blood sample was withdrawn is subsequently convicted for a violation of § 18.2-266 or § 18.2-266.1 or of a similar ordinance, or is placed under the purview of a probational, educational, or rehabilitational program as set forth in § 18.2-271.1, the amount charged by the person withdrawing the sample shall be taxed as part of the costs of the criminal case and shall be paid into the general fund of the state treasury.

Approved laboratories determining the alcohol content of the second blood sample shall be allowed a fee of no more than twenty-five dollars, which shall be paid out of the appropriation for criminal charges. Payment for determining the presence of a drug or drugs in the second sample may not exceed the amount established on the Division's fee schedule and shall be paid out of the appropriation for criminal charges.

If the person whose blood sample was withdrawn is subsequently convicted for violation of § 18.2-266 or § 18.2-266.1 or a similar ordinance, (i) the fee paid by the Commonwealth to the laboratory for testing the second blood sample and (ii) a fee of twenty-five dollars for testing the first blood sample by the Division shall be taxed as part of the costs of the criminal case and shall be paid into the general fund of the state treasury.

If any person whose breath was tested is subsequently convicted for violation of § 18.2-266 or § 18.2-266.1 or a similar ordinance, a fee of twenty-five dollars shall be assessed as part of the costs of the criminal case and shall be paid into the general fund of the state treasury.