A. Proceeds paid to the Division under § 19.2-368.20 shall be retained inescrow in the Criminal Injuries Compensation Fund for five years after thedate of the order, but during that five-year period may be levied upon tosatisfy a money judgment rendered by a court or award of the Workers'Compensation Commission in favor of a victim of an offense for which thedefendant has been convicted or acquitted by reason of insanity, or a legalrepresentative of the victim.
B. If ordered by a circuit court in the interest of justice, after motion,notice to all interested parties, and opportunity for hearing, such escrowfund shall be used to:
1. First, satisfy court ordered restitution against a defendant and in favorof a victim;
2. Satisfy a money judgment rendered in the court hearing the matter, infavor of a victim of any offense for which the defendant has been convicted;
3. Pay for legal representation of the defendant in criminal proceedings,including the appeals process, to the extent the defendant's representationwas paid for by the Commonwealth or an agency thereof. No more than 25% ofthe total proceeds in escrow may be used for legal representation; and
4. Pay any fines or costs assessed against the defendant by a court of theCommonwealth.
C. At the end of the five-year period, the remaining proceeds shall be paidinto the Literary Fund. However, (i) if a civil action under this section ispending against the defendant, the proceeds shall be held in escrow untilcompletion of the action or (ii) if the defendant has appealed his convictionand the appeals process is not final, the proceeds shall be held in escrowuntil the appeals process is final, and upon disposition of the chargesfavorable to the defendant, the Division shall immediately pay any money inthe escrow account to the defendant.
A. Proceeds paid to the Division under § 19.2-368.20 shall be retained inescrow in the Criminal Injuries Compensation Fund for five years after thedate of the order, but during that five-year period may be levied upon tosatisfy a money judgment rendered by a court or award of the Workers'Compensation Commission in favor of a victim of an offense for which thedefendant has been convicted or acquitted by reason of insanity, or a legalrepresentative of the victim.
B. If ordered by a circuit court in the interest of justice, after motion,notice to all interested parties, and opportunity for hearing, such escrowfund shall be used to:
1. First, satisfy court ordered restitution against a defendant and in favorof a victim;
2. Satisfy a money judgment rendered in the court hearing the matter, infavor of a victim of any offense for which the defendant has been convicted;
3. Pay for legal representation of the defendant in criminal proceedings,including the appeals process, to the extent the defendant's representationwas paid for by the Commonwealth or an agency thereof. No more than 25% ofthe total proceeds in escrow may be used for legal representation; and
4. Pay any fines or costs assessed against the defendant by a court of theCommonwealth.
C. At the end of the five-year period, the remaining proceeds shall be paidinto the Literary Fund. However, (i) if a civil action under this section ispending against the defendant, the proceeds shall be held in escrow untilcompletion of the action or (ii) if the defendant has appealed his convictionand the appeals process is not final, the proceeds shall be held in escrowuntil the appeals process is final, and upon disposition of the chargesfavorable to the defendant, the Division shall immediately pay any money inthe escrow account to the defendant.
A. Proceeds paid to the Division under § 19.2-368.20 shall be retained inescrow in the Criminal Injuries Compensation Fund for five years after thedate of the order, but during that five-year period may be levied upon tosatisfy a money judgment rendered by a court or award of the Workers'Compensation Commission in favor of a victim of an offense for which thedefendant has been convicted or acquitted by reason of insanity, or a legalrepresentative of the victim.
B. If ordered by a circuit court in the interest of justice, after motion,notice to all interested parties, and opportunity for hearing, such escrowfund shall be used to:
1. First, satisfy court ordered restitution against a defendant and in favorof a victim;
2. Satisfy a money judgment rendered in the court hearing the matter, infavor of a victim of any offense for which the defendant has been convicted;
3. Pay for legal representation of the defendant in criminal proceedings,including the appeals process, to the extent the defendant's representationwas paid for by the Commonwealth or an agency thereof. No more than 25% ofthe total proceeds in escrow may be used for legal representation; and
4. Pay any fines or costs assessed against the defendant by a court of theCommonwealth.
C. At the end of the five-year period, the remaining proceeds shall be paidinto the Literary Fund. However, (i) if a civil action under this section ispending against the defendant, the proceeds shall be held in escrow untilcompletion of the action or (ii) if the defendant has appealed his convictionand the appeals process is not final, the proceeds shall be held in escrowuntil the appeals process is final, and upon disposition of the chargesfavorable to the defendant, the Division shall immediately pay any money inthe escrow account to the defendant.
