HB749: Virginia Sexual and Domestic Violence Victim Fund; purpose, guidelines.
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 Sexual and Domestic Violence Victim Fund; purpose; guidelines.
A. There is created the Virginia Sexual and 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 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) sexual assault
service providers and hospitals for the purpose of funding the cost of salaries
and equipment for sexual assault forensic examiners, sexual assault nurse
examiners, and pediatric sexual assault nurse examiners with priority for
funding such costs given to such forensic examiners and nurse examiners serving
rural or underserved areas of the Commonwealth.
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 moneys
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.
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 Sexual and Domestic Violence Victim Fund; purpose; guidelines.
A. There is created the Virginia Sexual and 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 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) sexual
assault service providers and hospitals for the purpose of funding the cost of
salaries and equipment for sexual assault forensic examiners, sexual assault
nurse examiners, and pediatric sexual assault nurse examiners with priority for
funding such costs given to such forensic examiners and nurse examiners serving
rural or underserved areas of the Commonwealth.
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 moneys
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.
HOUSE BILL NO. 749
Be it enacted by the General Assembly of Virginia:
1. That §§ 9.1-116.1 and 16.1-69.48:1 of the Code of Virginia are amended and reenacted as follows:
§ 9.1-116.1. Virginia Sexual and Domestic Violence Victim Fund; purpose; guidelines.
A. There is created the Virginia Sexual and 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 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) sexual assault service providers and
hospitals for the purpose of funding the cost of salaries and equipment for
sexual assault forensic examiners, sexual assault nurse examiners, and pediatric
sexual assault nurse examiners with priority for
funding such costs given to such forensic examiners and nurse
examiners serving rural or
underserved areas of the Commonwealth.
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 moneys
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.
§ 16.1-69.48:1. Fixed fee for misdemeanors, traffic infractions and other violations 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 guilty plea; (iii) for a defendant failing to appear, a trial in his or her absence resulting in a finding of guilty; (iv) an appearance for court hearing in which the court requires that the defendant successfully complete traffic school, a mature driver motor vehicle crash prevention course, or a driver improvement clinic, in lieu of a finding of guilty; (v) a deferral of proceedings pursuant to § 4.1-305, 4.1-1120, 16.1-278.8, 16.1-278.9, 18.2-57.3, 18.2-251, 19.2-298.02, 19.2-303.2, or 19.2-303.6; or (vi) proof of compliance with law under §§ 46.2-104, 46.2-324, 46.2-613, 46.2-646, 46.2-711, 46.2-715, 46.2-716, 46.2-752, 46.2-1000, 46.2-1003, 46.2-1052, 46.2-1053, and 46.2-1158.02.
In addition to any other fee prescribed by this section, a fee of $35 shall be taxed as costs whenever a defendant fails to appear, unless, after a hearing requested by such person, good cause is shown for such failure to appear. No defendant with multiple charges arising from a single incident shall be taxed the applicable fixed fee provided in subsection B, C, or D more than once for a single appearance or trial in absence related to that incident. However, when a defendant who has multiple charges arising from the same incident and who has been assessed a fixed fee for one of those charges is later convicted of another charge that arises from that same incident and that has a higher fixed fee, he shall be assessed the difference between the fixed fee earlier assessed and the higher fixed fee.
A defendant with charges which arise from separate incidents shall be taxed a fee for each incident even if the charges from the multiple incidents are disposed of in a single appearance or trial in absence.
In addition to the fixed fees assessed pursuant to this section, in the appropriate cases, the clerk shall also assess any costs otherwise specifically provided by statute.
B. In misdemeanors tried in district court, except for those proceedings provided for in subsection C, there shall be assessed as court costs a fixed fee of $61. The amount collected, in whole or in part, for the fixed fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:
1. Processing fee (General Fund) (.573770) (.5388152645);
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)
(.0677417355).
C. In criminal actions and proceedings in district court for a violation of any 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 amount collected, in whole or in part, for the fixed fee shall be apportioned, as provided 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 as court 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 following funds in the fractional amounts designated:
1. Processing fee (General Fund) (.764706) (.72549);
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)
(.078432).