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2017 SESSION

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17103243D
HOUSE BILL NO. 2385 Offered January 17, 2017 A BILL to amend and reenact § 17.1-279.1 of the Code of Virginia, relating to assessed court costs; electronic summons system. ---------- Patron-- Lingamfelter ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 17.1-279.1 of the Code of Virginia is amended and reenacted as follows:

§ 17.1-279.1. Additional assessment for electronic summons system.

A. Any county, city, or town, through its governing body, may assess an additional sum not in excess of $5 as part of the costs in each criminal or traffic case in the district or circuit courts located where such cases are brought in which the defendant is charged with a violation of any statute or ordinance, which violation in the case of towns arose within the town. 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, city, or town, 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. The imposition of a town assessment shall replace any county fee that would otherwise apply. This subsection shall not apply to any criminal or traffic case in which the Virginia State Police issued the summons, ticket, or citation, executed the warrant, or made the arrest.

B. In any criminal or traffic case not subject to the provisions of subsection A, in which the Virginia State Police issued the summons, ticket, or citation, executed the warrant, or made the arrest for a violation of any statute, there shall be assessed an additional sum of $5 as part of the costs. The assessment shall be collected by the clerk of the court in which the action is filed and remitted to the state treasury to be placed in a fund for the Virginia State Police solely to fund software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system.