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ACROSS SESSIONS

• Subject Index: Since 1995
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1995 SESSION

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LD1183358
HOUSE BILL NO. 541 Offered January 25, 1994 A BILL to amend and reenact §§ 19.2-340 and 19.2-341 of the Code of Virginia, relating to recovery of fines for violation of ordinances. ----------
Patrons--Mims, Davies, Fisher, Forbes, Harris, Ingram, Katzen, Keating, McClure, McDonnell, O'Brien, Plum, Rollison and Scott; Senators: Calhoun, Waddell and Woods
---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 19.2-340 and 19.2-341 of the Code of Virginia are amended and reenacted as follows:

§ 19.2-340. Fines; how recovered; in what name.

When any statute or ordinance prescribes a fine, unless it be otherwise expressly provided or would be inconsistent with the manifest intention of the General Assembly, it shall be to the Commonwealth and recoverable by presentment, indictment, information, summons or warrant. Fines imposed and costs taxed in a criminal or traffic prosecution for committing an offense against the Commonwealth shall constitute a judgment in favor of the Commonwealth, and, if not paid at the time they are imposed, execution may issue thereon in the same manner as upon any other monetary judgment.

§ 19.2-341. Penalties other than fines; how recovered; in what name; limitation of actions.

When any statute or ordinance prescribes a monetary penalty other than a fine, unless it be is otherwise expressly provided or would be inconsistent with the manifest intention of the General Assembly, it shall be to the Commonwealth and recoverable by warrant, presentment, indictment, summons or information. Penalties imposed and costs taxed in any such proceeding shall constitute a judgment in favor of the Commonwealth, and, if not paid at the time they are imposed, execution may issue thereon in the same manner as upon any other monetary judgment. No such proceeding of any nature, however, shall be brought or had for the recovery of such a penalty or costs due the Commonwealth or any political subdivision thereof, unless within twenty years from the date of the offense or delinquency giving rise to imposition of such penalty if imposed by a circuit court, or within ten years if imposed by a general district court.