HB798: Domestic violence victim fund; available to victim in case of emergency.

Offered January 11, 2006
Prefiled January 10, 2006
A BILL to amend and reenact § 9.1-116.1 of the Code of Virginia, relating to emergency funds for abuse victims.
Patron-- Fralin

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1.  That § 9.1-116.1 of the Code of Virginia is amended and reenacted as follows:

§ 9.1-116.1. Virginia Domestic Violence Victim Fund; purpose; guidelines.

A. There is created the Virginia Domestic Violence Victim Fund as a special nonreverting fund to be administered by the Department of Criminal Justice Services to support the prosecution of domestic violence cases and victim services.

B. The Department shall adopt guidelines, the purpose of which shall be to make funds available to (i) local attorneys for the Commonwealth for the purpose of funding the cost of additional attorneys or to further dedicate existing resources to prosecute felonies and misdemeanors involving domestic violence, sexual abuse, stalking and family abuse, and (ii) law-enforcement authorities or appropriate programs, including civil legal assistance, to assist in protecting and providing necessary services to victims of and children affected by domestic violence, sexual abuse, stalking and family abuse, and (iii)  provide immediate emergency relief for and support of victims of domestic violence in situations where the abuser was served with a protective order and is the primary source of monetary support for the family.

C. A portion of the sum collected pursuant to § 16.1-69.48:1 as specified in that section shall be deposited into the state treasury to the credit of this Fund in addition to any other monies appropriated, allocated or received specifically for such purpose. The Fund shall be distributed according to grant procedures adopted pursuant to this section and shall be established on the books of the Comptroller. Any funds remaining in such Fund at the end of the biennium shall not revert to the general fund but shall remain in the Fund. Interest earned on the Fund shall be credited to the Fund.

D. The Department shall establish a grant procedure to govern funds awarded for this purpose.