§ 16.1-69.48:1. Fixed fee for misdemeanors, traffic infractions and otherviolations 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 guiltyplea; (iii) for a defendant failing to appear, a trial in his or her absenceresulting in a finding of guilty; (iv) an appearance for court hearing inwhich the court requires that the defendant successfully complete trafficschool or a driver improvement clinic, in lieu of a finding of guilty; (v) adeferral 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 46.2-1157.
In addition to any other fee prescribed by this section, a fee of $35 shallbe taxed as costs whenever a defendant fails to appear, unless, after ahearing requested by such person, good cause is shown for such failure toappear. No defendant with multiple charges arising from a single incidentshall be taxed the applicable fixed fee provided in subsection B, C, or D ofthis section more than once for a single appearance or trial in absencerelated to that incident. However, when a defendant who has multiple chargesarising from the same incident and who has been assessed a fixed fee for oneof those charges is later convicted of another charge that arises from thatsame incident and that has a higher fixed fee, he shall be assessed thedifference between the fixed fee earlier assessed and the higher fixed fee.
A defendant with charges which arise from separate incidents shall be taxed afee for each incident even if the charges from the multiple incidents aredisposed of in a single appearance or trial in absence.
In addition to the fixed fees assessed pursuant to this section, in theappropriate cases, the clerk shall also assess any costs otherwisespecifically provided by statute.
B. In misdemeanors tried in district court, except for those proceedingsprovided for in subsection C, there shall be assessed as court costs a fixedfee of $61. The amount collected, in whole or in part, for the fixed feeshall be apportioned, as provided by law, to the following funds in thefractional 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 ofany 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 amountcollected, in whole or in part, for the fixed fee shall be apportioned, asprovided 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 ascourt 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 followingfunds 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).
(Code 1950, § 14-132; 1956, c. 556; 1956, Ex. Sess., c. 10; 1958, c. 286;1960, cc. 278, 368; 1962, c. 546; 1964, c. 386, § 14.1-123; 1968, c. 639;1970, c. 553; 1975, c. 591; 1977, c. 585; 1978, c. 605; 1979, cc. 525, 594;1982, cc. 494, 569; 1983, c. 499; 1989, c. 595; 1990, c. 971; 1992, cc. 555,558; 1995, c. 371; 1996, cc. 62, 976; 1997, c. 215; 1998, c. 872; 2003, cc.883, 1039; 2004, cc. 371, 375, 1004; 2005, c. 631; 2006, c. 288; 2009, c.756; 2010, c. 874.)
§ 16.1-69.48:1. Fixed fee for misdemeanors, traffic infractions and otherviolations 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 guiltyplea; (iii) for a defendant failing to appear, a trial in his or her absenceresulting in a finding of guilty; (iv) an appearance for court hearing inwhich the court requires that the defendant successfully complete trafficschool or a driver improvement clinic, in lieu of a finding of guilty; (v) adeferral 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 46.2-1157.
In addition to any other fee prescribed by this section, a fee of $35 shallbe taxed as costs whenever a defendant fails to appear, unless, after ahearing requested by such person, good cause is shown for such failure toappear. No defendant with multiple charges arising from a single incidentshall be taxed the applicable fixed fee provided in subsection B, C, or D ofthis section more than once for a single appearance or trial in absencerelated to that incident. However, when a defendant who has multiple chargesarising from the same incident and who has been assessed a fixed fee for oneof those charges is later convicted of another charge that arises from thatsame incident and that has a higher fixed fee, he shall be assessed thedifference between the fixed fee earlier assessed and the higher fixed fee.
A defendant with charges which arise from separate incidents shall be taxed afee for each incident even if the charges from the multiple incidents aredisposed of in a single appearance or trial in absence.
In addition to the fixed fees assessed pursuant to this section, in theappropriate cases, the clerk shall also assess any costs otherwisespecifically provided by statute.
B. In misdemeanors tried in district court, except for those proceedingsprovided for in subsection C, there shall be assessed as court costs a fixedfee of $61. The amount collected, in whole or in part, for the fixed feeshall be apportioned, as provided by law, to the following funds in thefractional 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 ofany 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 amountcollected, in whole or in part, for the fixed fee shall be apportioned, asprovided 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 ascourt 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 followingfunds 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).
(Code 1950, § 14-132; 1956, c. 556; 1956, Ex. Sess., c. 10; 1958, c. 286;1960, cc. 278, 368; 1962, c. 546; 1964, c. 386, § 14.1-123; 1968, c. 639;1970, c. 553; 1975, c. 591; 1977, c. 585; 1978, c. 605; 1979, cc. 525, 594;1982, cc. 494, 569; 1983, c. 499; 1989, c. 595; 1990, c. 971; 1992, cc. 555,558; 1995, c. 371; 1996, cc. 62, 976; 1997, c. 215; 1998, c. 872; 2003, cc.883, 1039; 2004, cc. 371, 375, 1004; 2005, c. 631; 2006, c. 288; 2009, c.756; 2010, c. 874.)
§ 16.1-69.48:1. Fixed fee for misdemeanors, traffic infractions and otherviolations 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 guiltyplea; (iii) for a defendant failing to appear, a trial in his or her absenceresulting in a finding of guilty; (iv) an appearance for court hearing inwhich the court requires that the defendant successfully complete trafficschool or a driver improvement clinic, in lieu of a finding of guilty; (v) adeferral 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 46.2-1157.
In addition to any other fee prescribed by this section, a fee of $35 shallbe taxed as costs whenever a defendant fails to appear, unless, after ahearing requested by such person, good cause is shown for such failure toappear. No defendant with multiple charges arising from a single incidentshall be taxed the applicable fixed fee provided in subsection B, C, or D ofthis section more than once for a single appearance or trial in absencerelated to that incident. However, when a defendant who has multiple chargesarising from the same incident and who has been assessed a fixed fee for oneof those charges is later convicted of another charge that arises from thatsame incident and that has a higher fixed fee, he shall be assessed thedifference between the fixed fee earlier assessed and the higher fixed fee.
A defendant with charges which arise from separate incidents shall be taxed afee for each incident even if the charges from the multiple incidents aredisposed of in a single appearance or trial in absence.
In addition to the fixed fees assessed pursuant to this section, in theappropriate cases, the clerk shall also assess any costs otherwisespecifically provided by statute.
B. In misdemeanors tried in district court, except for those proceedingsprovided for in subsection C, there shall be assessed as court costs a fixedfee of $61. The amount collected, in whole or in part, for the fixed feeshall be apportioned, as provided by law, to the following funds in thefractional 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 ofany 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 amountcollected, in whole or in part, for the fixed fee shall be apportioned, asprovided 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 ascourt 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 followingfunds 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).
(Code 1950, § 14-132; 1956, c. 556; 1956, Ex. Sess., c. 10; 1958, c. 286;1960, cc. 278, 368; 1962, c. 546; 1964, c. 386, § 14.1-123; 1968, c. 639;1970, c. 553; 1975, c. 591; 1977, c. 585; 1978, c. 605; 1979, cc. 525, 594;1982, cc. 494, 569; 1983, c. 499; 1989, c. 595; 1990, c. 971; 1992, cc. 555,558; 1995, c. 371; 1996, cc. 62, 976; 1997, c. 215; 1998, c. 872; 2003, cc.883, 1039; 2004, cc. 371, 375, 1004; 2005, c. 631; 2006, c. 288; 2009, c.756; 2010, c. 874.)
