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1996 SESSION
967706665Be it enacted by the General Assembly of Virginia:
1. That § 19.2-353.3 of the Code of Virginia, as it is currently effective and as it may become effective, is amended and reenacted as follows:
§ 19.2-353.3. Acceptance of checks and credit cards in lieu of money; additional fee.
Notwithstanding the provisions of § 19.2-353, personal checks and
credit cards shall be accepted and, in the discretion of the clerk of
the circuit court or the chief judge of the district court, respectively,
credit cards may be accepted in lieu of money to collect and secure all
fees, fines, restitution, forfeiture, penalties and costs collected for
offenses tried in a circuit or district court, including motor vehicle
violations, committed against the Commonwealth or against any county, city or
town. The Committee on District Courts shall devise a procedure for approving
and accepting checks and credit cards that may be accepted by the district
courts. Court personnel shall not be held to be guarantors of the payment made
in such manner and shall not be personally liable for any sums uncollected. The
clerk of the court, in addition to any fees, fines, restitution, forfeiture,
penalties or costs, may add to such payment a sum not to exceed four percent of
the amount paid as a service charge for the acceptance of a credit card.
If a check is returned unpaid by the financial institution on which it is drawn or notice is received from the credit card issuer that payment will not be made, for any reason, the fine, restitution, forfeiture, penalty or costs shall be treated as unpaid and the court may pursue all available remedies to obtain payment. The clerk of the court to whom the dishonored check or credit card was tendered may impose a fee of twenty dollars or ten percent of the value of the payment, whichever is greater, in addition to the fine and costs already imposed.
The clerk of court may refuse acceptance of checks or, even if credit cards are otherwise accepted by the clerk or the court, credit cards of individuals (i) convicted of a violation of Chapter 6 (§ 18.2-168 et seq.) of Title 18.2 in which a check, credit card, or credit card information was used to commit the offense, (ii) who previously tendered to the court a check which was not ultimately honored or a credit card or credit card information which did not ultimately result in payment by the credit card issuer, (iii) if authorization of payment is not given by the bank or credit card issuer, (iv) if the validity of the check or credit card cannot be verified, or (v) if the payee of the check is other than the court.
§ 19.2-353.3. (Delayed effective date) Acceptance of checks and credit cards in lieu of money.
Notwithstanding the provisions of § 19.2-353, personal checks and
credit cards shall be accepted and, in the discretion of the clerk of
the circuit court or the chief judge of the district court, respectively,
credit cards may be accepted in lieu of money to collect and secure all
fees, fines, restitution, forfeiture, penalties and costs collected for
offenses tried in a circuit or district court, including motor vehicle
violations, committed against the Commonwealth or against any county, city or
town. The Committee on District Courts shall devise a procedure for approving
and accepting checks and credit cards that shall may be accepted
by the district courts. Court personnel shall not be held to be guarantors of
the payment made in such manner and shall not be personally liable for any sums
uncollected. The clerk of the court, in addition to any fees, fines,
restitution, forfeiture, penalties or costs, may add to such payment a sum not
to exceed four percent of the amount paid as a service charge for the
acceptance of a credit card.
If a check is returned unpaid by the financial institution on which it is drawn or notice is received from the credit card issuer that payment will not be made, for any reason, the fine, restitution, forfeiture, penalty or costs shall be treated as unpaid and the court may pursue all available remedies to obtain payment. The clerk of the court to whom the dishonored check or credit card was tendered may impose a fee of twenty dollars or ten percent of the value of the payment, whichever is greater, in addition to the fine and costs already imposed.
The clerk of court may refuse acceptance of checks or, even if credit cards are otherwise accepted by the clerk or the court, credit cards of individuals (i) convicted of a violation of Chapter 6 (§ 18.2-168 et seq.) of Title 18.2 in which a check, credit card, or credit card information was used to commit the offense, (ii) who previously tendered to the court a check which was not ultimately honored or a credit card or credit card information which did not ultimately result in payment by the credit card issuer, (iii) if authorization of payment is not given by the bank or credit card issuer, (iv) if the validity of the check or credit card cannot be verified, or (v) if the payee of the check is other than the court.