dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-261. Recordation of names of men who served during World War I.
The clerk of the circuit court of each county or city shall preserve the book or books in which have been recorded the lists of the residents of such counties or cities, who became members of the military forces of the United States during World War I.

Any person who has joined either the naval or military forces of the United States or its allies, may have his name spread upon such record, upon application and proof of such service, or some person may make such application for him, and when done his name shall be placed upon the record.

The clerks shall be entitled to the fees allowed by law for copying in similar cases.

1918, p. 500, § 17-84; Michie Code 1942, § 5214a; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-262. Recordation of discharges of those who served in World War I.
Whenever the honorable discharge of any person who served in the military or naval forces of the United States or its associates during World War I, and who at the time of entering such service was a resident of Virginia shall be delivered to the clerk of any circuit court in this Commonwealth, the clerk shall record the same in the book hereinafter provided for. Copies of honorable discharges certified by the clerk shall be received as evidence of the facts therein stated.

1924, p. 471, 472, §§ 17-85, 17-86; Michie Code 1942, §§ 5214b, 5214d; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-263. World War I Memorial Record.
Each circuit court clerk shall maintain a loose-leaf binder suitable for permanent record purposes of such standard form as was prescribed by the Virginia World War I History Commission, and sufficient loose leaves printed in such blank form as was prescribed by such commission, known as the "World War I Memorial Record," which shall be a public record book of the clerk's office. The clerk shall record therein the honorable discharges.

If the clerk has recorded the honorable discharges in any other book prior to receipt of the special books, such prior recordations are hereby validated and approved. Recordations and certified copies thereof heretofore or hereafter furnished shall have the same force and effect as those provided by § 17.1-262 and whenever the World War I History Commission shall have approved the form of the record book so previously in use, it shall be optional with the clerk to continue the use of such record book.

1924, p. 471, § 17-87; Michie Code 1942, § 5214c; 1998, c. 872.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-264. Recording information on discharges of World War II servicemen.
A. When the honorable or dishonorable discharge of any person who served in the armed forces of the United States, or its associates, during World War II and who was a resident of the county or city at the time of his induction is presented, the clerk shall record the information contained therein in the proper spaces provided for such purpose in the book known as "Induction and Discharge Record, World War II." If the induction record of the veteran presenting a discharge for recordation is not already recorded, the clerk shall ascertain this information and record it along with the discharge.

B. Such record book shall be kept in the clerk's office as a public record and shall be paid for by the county or city, as other public record books are paid for. It shall be standard loose-leaf construction, suitable for permanent record purposes, and shall consist of a binder with canvas jacket, an index and a quantity of sheets printed to provide space for (i) the induction record, (ii) the service record, and (iii) the discharge. Under clause (i) suitable headings and space for recording the induction information obtained from the draft boards shall be provided and under clauses (ii) and (iii) suitable headings and space for recording the information contained in the discharge papers shall be provided.

1944, p. 33, §§ 17-90, 17-91; Michie Suppl. 1946, § 3392a; 1998, c. 872.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-265. Recordation of evidence of discharge generally; confidentiality.
A. The clerk of the circuit court of the county or city wherein a person discharged from the armed forces of the United States resides shall record, upon presentation, free of charge, the original or a properly authenticated copy of either the discharge certificate or the report of separation from active duty (Department of Defense Document DD-214), or both.

B. Notwithstanding the provisions of § 17.1-208, discharge certificates and reports of separation from active duty recorded pursuant to this section shall be open for inspection and copying only by the following:

1. The subject of the record;

2. The duly qualified conservator or guardian of the subject of the record;

3. The duly qualified executor or administrator of the estate of the subject of the record, if deceased, or, in the event no executor or administrator has qualified, the next of kin of the deceased subject;

4. An attorney, attorney-in-fact, or other agent or representative of any of the persons described in subdivision 1, 2 or 3, acting pursuant to a written power of attorney or other written authorization; or

5. A duly authorized representative of an agency or instrumentality of federal, state, or local government seeking the record in the ordinary course of performing its official duties.

Under the circumstances in which time is of the essence, including but not limited to, requests for copies of records attendant to the making of funeral arrangements or arrangements for medical care, the clerk, in ascertaining whether a person seeking access to discharge certificates or reports of separation from active duty is qualified to do so pursuant to this section, may rely upon the sworn statement of the requestor made in person before the clerk or his deputy.

C. Notwithstanding the provisions of subsection B, the clerk may permit access to discharge certificates or reports of separation from active duty of deceased persons for bona fide genealogical or other research purposes.

1934, p. 99, § 17-92; Michie Code 1942, § 5214f; 1980, c. 392; 1998, c. 872; 2002, c. 299.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-266. Services rendered in Commonwealth's cases.
No clerk, sheriff or other officer shall receive payment out of the state treasury for any services rendered in cases of the Commonwealth, whether in a court of record or a court not of record, except as allowed by statute. Localities shall be exempt from paying fees for services rendered by a clerk or other court officer for cases, whether in a court of record or a court not of record, when the locality is a party to a case commenced in a court serving that locality or in any other jurisdiction when the localities have a reciprocal waiver of fees agreement. Sheriffs may, in writing, grant a waiver of the sheriff's fee to one or more localities.

Code 1950, § 14-98; 1964, c. 386, § 14.1-87; 1971, Ex. Sess., c. 155; 1998, c. 872; 2007, c. 800.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-267. Services for which clerks may not charge.
A. No clerk shall charge for taking bond from, administering oath to, or making or copying orders as to the appointment or qualification of any judge, magistrate, sheriff, treasurer, commissioner of the revenue, or of a deputy of any of them, or of any escheator, supervisor, or of a guardian or conservator, when his bond is in a penalty not exceeding $1,000.00, or for making or copying orders as to county allowances, or grand juries, and administering the necessary oaths.

B. No clerk shall charge for copying or making for or furnishing to the Department of Corrections or a federal probation officer a certified copy of a criminal judgment order or criminal sentencing order.

C. No clerk shall charge a fee for (i) executing any order of publication under § 17.1-626; (ii) keeping, preserving, and holding available for public inspection judgment records, and making entries in and indexing such judgments, or discharging, or marking satisfied, a lien under §§ 15.2-2604, 15.2-2605 and 15.2-2120; (iii) docketing judgment on forfeited recognizance or bond under § 19.2-147; (iv) making out reports to the Central Criminal Records Exchange under § 19.2-390; (v) recording a lien in the miscellaneous lien book under § 43-42 or § 43-43; or (vi) filing an appraiser's report under § 56-436.

D. No clerk shall charge a fee for (i) recording the reports of special receivers and commissioners as required by § 8.01-617; (ii) copying in the Induction and Discharge Record information obtained from draft boards or recording the discharge papers, or certified copy of such, of a person who has served in the armed forces of the United States; or (iii) receiving any mark of designation under § 59.1-103.

Code 1950, § 14-101; 1964, c. 386, § 14.1-90; 1972, c. 549; 1991, c. 46; 1992, c. 498; 1994, c. 432; 1997, c. 801; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-268. Fee for effort to serve when person cannot be found.
Whenever a sheriff is required to serve a declaration in ejectment or an order, notice, summons or other process in a pending civil case and make return thereon and shall after due effort and without fault be unable to locate such person or make service of such process in some method provided by law, the sheriff shall be paid the same fee provided by law for serving an order, notice or other process and making return thereof, to be taxed as other costs. When service is required in a proceeding not pending in a court then the service shall be paid for by the party at whose instance it is had. No fee shall be paid unless the sheriff returns such paper unexecuted and makes and files therewith an affidavit setting forth the fact that he has made diligent effort to execute such paper and without avail.

Code 1950, § 14-107; 1964, c. 386, § 14.1-96; 1971, Ex. Sess., c. 155; 1998, c. 872.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-269. To whom fees charged.
Unless otherwise provided, the fees mentioned in this article shall be chargeable to the party at whose instance the service is performed, except that fees for entering and certifying the attendance of witnesses and the proceedings to compel payment for such attendance shall be charged to the party for whom the witness attended.

Code 1950, § 14-108; 1964, c. 386, § 14.1-97; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-270. Officer to state fees, etc., on affidavit, deposition or report.
A notary or other officer returning affidavits or depositions of witnesses and a commissioner returning a report shall state at the foot thereof the fees therefor, to whom charged and, if paid, by whom.

Code 1950, § 14-109; 1964, c. 386, § 14.1-98; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-271. Deposit of money in bank.
Whenever any clerk of a court receives or collects any money for or on account of the Commonwealth or any county, city, town or person, he shall, within a reasonable time, deposit the same in such bank or banks selected by him to the credit of an official account, and in the event of the failure or insolvency of such bank, the clerk shall not be responsible for any loss of funds resulting from such failure or insolvency.

Any such officer who deposits any such money in his personal account, knowingly intermingles any of the same with his personal funds, or otherwise violates any of the provisions of this section shall be deemed guilty of a misdemeanor. However, prosecution hereunder shall not preclude criminal prosecution under any other section of this Code.

Code 1950, § 14-112; 1964, c. 386, § 14.1-101; 1971, Ex. Sess., c. 155; 1981, c. 152; 1993, c. 334; 1998, c. 872.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-272. Process and service fees generally.
A. The fee for process and service in the following instances shall be $12:

1. Service on any person, firm or corporation, an order, notice, summons or any other civil process, except as herein otherwise provided, and for service on any person, firm, or corporation any process when the body is not taken and making a return thereof, except that no fee shall be charged for service pursuant to § 2.2-4022.

2. Summoning a witness or garnishee on an attachment.

3. Service on any person of an attachment or other process under which the body is taken and making a return thereon.

4. Service of any order of court not otherwise provided for, except that no fees shall be charged for protective orders issued pursuant to Chapter 11 (§ 16.1-226 et seq.) of Title 16.1.

5. Making a return of a writ of fieri facias where no levy is made or forthcoming bond is taken.

6. Summoning a witness in any case in which custody or visitation of a minor child or children is at issue.

B. The fees for process and service in the following instances shall be $25:

1. Service and publication of any notice of a publicly-advertised public sale.

2. Service of a writ of possession or writ of eviction, except that there shall be an additional fee of $12 for each additional defendant.

3. Levying upon current money, bank notes, goods or chattels of a judgment debtor pursuant to § 8.01-478.

4. Service of a declaration in ejectment on any person, firm or corporation, except that there shall be an additional fee of $12 for each additional defendant.

5. Levying distress warrant or an attachment.

6. Levying an execution.

C. The process and service fee for serving any papers returnable out of state shall be $75, except no fees shall be charged for the service of papers in connection with the prosecution of any misdemeanor or felony domestic violence offense, or in connection with the filing, issuance, registration, or service of a protective order or a petition for a protective order. A victim of domestic violence, stalking, or sexual assault shall not bear the costs associated with the filing of criminal charges against the offender, and no victim shall bear the costs associated with the filing, issuance, registration, or service of a warrant, protective order, petition for a protective order, or witness subpoena, issued inside or outside the Commonwealth.

D. The fees set out in this section shall be allowable for services provided by such officers in the circuit and district courts.

Code 1950, §§ 14-104, 14-116, p. 25; 1964, c. 386, §§ 14.1-93, 14.1-105; 1971, Ex. Sess., c. 155; 1972, c. 719; 1975, c. 591; 1976, cc. 308, 310; 1981, c. 411; 1982, c. 674; 1983, c. 407; 1984, c. 317; 1992, c. 648; 1995, c. 51, § 14.1-95.1; 1998, c. 872; 2002, c. 508; 2004, cc. 198, 211, 588; 2011, cc. 445, 480; 2019, cc. 180, 700.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-273. Establishment and disposition of fees collected by certain high constable.
Notwithstanding any provision of law to the contrary, including a general or special act, the City of Norfolk, may, by duly adopted local ordinance, establish fees for the service of process by the office of the high constable. The office of the high constable in such city shall publish a schedule of such fees by January 1 of each year. Copies of the schedule shall be forwarded to the Clerk of the Supreme Court of Virginia. Only in the City of Norfolk, shall high constables execute all processes, warrants, summonses and notices in civil cases before the general district court of the city to the exclusion of the sheriff of the city. Any fees, collected by the office of the high constable for such process, shall be deposited in the treasury of the city wherein such office is situated for use in the general operation of city government.

1998, c. 872; 2007, c. 813.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-274. Commission on forthcoming bond.
A. The commission to be included in a forthcoming bond, when one is taken, shall be five percent. Such commission shall not be received unless the bond is forfeited or paid, including the commission, to the plaintiffs. Of whatever interest accrues on such bond, or the execution of judgment thereon, the officer shall be entitled to his proportionable share, on account of his fees included in such bond.

B. In cities of a population of 100,000 and more, however, the commission to be included in a forthcoming bond, when one is taken, shall be ten percent on the first $100 of the money for which the distress or levy is and two percent on the residue. Such commission shall not be received unless the bond is forfeited or paid, including the commission, to the plaintiffs. Of whatever interest may accrue on such bonds, or the execution of judgment thereon, the officer shall be entitled to his proportionate share, on account of his fees included in the sale. An officer in any such city receiving payment in money or selling goods shall receive the like commission of ten percent on the first $100 of the money paid or proceeding from the sale and two percent on the residue; except that when such payment or sale is on an execution on a forthcoming bond, his commission shall only be half what it would be if the execution were not on such bond.

Code 1950, §§ 14-119, 14-121; 1964, c. 386, §§ 14.1-108, 14.1-110; 1995, c. 51; 1998, c. 872.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-275.1. Fixed felony fee.
Upon conviction of any and each felony charge or upon a deferred disposition of proceedings in circuit court in the case of any and each felony disposition deferred pursuant to the terms and conditions of § 16.1-278.8, 16.1-278.9, 18.2-61, 18.2-67.1, 18.2-251, 19.2-298.02, or 19.2-303.6, there shall be assessed as court costs a fee of $375, to be known as the fixed felony fee.

The amount collected, in whole or in part, for the fixed felony fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:

1. Sentencing/supervision fee (General Fund) (.4705067);

2. Forensic science fund (.1033333);

3. Court reporter fund (.0887200);

4. Witness expenses/expert witness fund (.0053333);

5. Virginia Crime Victim-Witness Fund (.0080000);

6. Intensified Drug Enforcement Jurisdiction Fund (.0106667);

7. Criminal Injuries Compensation Fund (.0800000);

8. Commonwealth's attorney fund (state share) (.0533333);

9. Commonwealth's attorney fund (local share) (.0533333);

10. Regional Criminal Justice Academy Training Fund (.0026667);

11. Warrant fee (.0320000);

12. Courthouse construction/maintenance fund (.0053333); and

13. Clerk of the circuit court (.0867733).

1999, c. 9; 2002, c. 831; 2003, c. 1039; 2005, c. 631; 2011, c. 565; 2020, Sp. Sess. I, c. 21.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-275.10. Additional fee.
Beginning May 1, 2003, in addition to the fees set forth in §§ 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.7, 17.1-275.8, and 17.1-275.9, there shall be assessed as court costs, a fee of $2, at the same time fees in such sections are assessed. All fees collected pursuant to this section shall be deposited into the Intensified Drug Enforcement Jurisdiction Fund.

2003, c. 1042, cl. 9.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-275.11. Additional fee assessed for conviction of certain offenses.
Beginning May 1, 2003, the clerk shall assess a person, in addition to the fees provided for by §§ 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.5, 17.1-275.7, 17.1-275.8, and 17.1-275.9, a fee of $100 upon conviction of any and each charge of a violation of §§ 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-268.3, 46.2-341.24 or § 46.2-341.26:3, or any similar local ordinance.

2003, c. 1042, cl. 9.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-275.11:1. Additional fee assessed for conviction requiring computer analysis.
In addition to the fees provided for by §§ 17.1-275.1 through 17.1-275.5, 17.1-275.7, 17.1-275.8, and 17.1-275.9, upon a finding of guilty of any charge or charges in which any computer forensic analysis revealed evidence used at trial of a defendant, the defendant may be assessed costs in an amount equal to the actual cost of the computer forensic analysis not to exceed $100 for each computer analyzed by any state or local law-enforcement agency. Upon motion and submission to the court of an affidavit by the law-enforcement agency setting forth the number of computers analyzed and the total amount of costs requested, the court shall determine the appropriate amount to be assessed and order such amount paid to the law-enforcement agency.

2011, c. 511.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-275.12. Additional fee for Internet Crimes Against Children Fund.
In addition to the fees provided for by §§ 16.1-69.48:1, 16.1-69.48:1.01, 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.5, 17.1-275.7, 17.1-275.8, 17.1-275.9, 17.1-275.10, and 17.1-275.11, a fee of $15 upon each felony or misdemeanor conviction shall be assessed as court costs. All fees collected pursuant to this section shall be deposited into the state treasury and credited to the Internet Crimes Against Children Fund.

There is hereby established in the state treasury the Internet Crimes Against Children Fund. Such fund shall consist of all fees collected under this section, moneys appropriated directly to the Fund, and any other grants or gifts made to the Fund. Moneys in the Fund shall be disbursed in the following manner: to the Virginia State Police, 33.3333 percent of the total annual deposits to support the Northern Virginia Internet Crimes Against Children program; to the Department of Criminal Justice Services, 33.3333 percent of the total annual deposits to support the Southern Virginia Internet Crimes Against Children program; to the Department of Criminal Justice Services, 27.7777 percent of the total annual deposits to support grants and training and equipment for local law-enforcement agencies' use in investigating and prosecuting Internet crimes against children; and to the Department of Social Services, 5.5555 percent of the total annual deposits to support the Virginia Child Protection Accountability System established under § 63.2-1530.

2010, c. 685; 2014, c. 794.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-275.13. Additional fee for offenses related to sex trafficking.
In addition to the fees provided for by §§ 17.1-275.1, 17.1-275.2, 17.1-275.7, 17.1-275.10, and 17.1-275.12, any person convicted of a misdemeanor violation of § 18.2-346.01 or of § 18.2-348 or 18.2-349 shall be ordered to pay a $100 fee, and any person convicted of a violation of clause (ii), (iii), or (iv) of § 18.2-48, or of § 18.2-368, or any felony violation of the laws pertaining to commercial sex trafficking or prostitution offenses pursuant to Article 3 (§ 18.2-346 et seq.) of Chapter 8, with the exception of § 18.2-361, shall be ordered to pay a $500 fee. All fees collected pursuant to this section shall be deposited into the Virginia Prevention of Sex Trafficking Fund to be used in accordance with § 9.1-116.4.

2019, c. 728; 2020, c. 122; 2021, Sp. Sess. I, c. 188.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-275.14. Additional fee for Virginia State Police Electronic Summons System Fund.
A. In addition to the fees provided for by §§ 16.1-69.48:1, 16.1-69.48:1.01, 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.5, 17.1-275.7, 17.1-275.8, 17.1-275.9, 17.1-275.10, 17.1-275.11, 17.1-275.12, and 17.1-275.13, a fee of $5 shall be assessed as court costs in each criminal or traffic case in which the Virginia State Police issued the summons, ticket, or citation. All fees collected pursuant to this section shall be deposited into the state treasury and credited to the Virginia State Police Electronic Summons System Fund.

B. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia State Police Electronic Summons System Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All fees collected under this section, moneys appropriated directly to the Fund, and any other grants or gifts made to the Fund shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of funding software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Superintendent of the Virginia State Police or his designee.

2020, c. 342.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-275.2. Fixed fee for felony reduced to misdemeanor.
In circuit court, upon the conviction of a person of any and each misdemeanor reduced from a felony charge, or upon a deferred disposition of proceedings in the case of any and each misdemeanor reduced from a felony charge and deferred pursuant to the terms and conditions of § 4.1-305, 16.1-278.8, 16.1-278.9, 18.2-57.3, 19.2-298.02, 19.2-303.2, or 19.2-303.6, there shall be assessed as court costs a fee of $227, to be known as the fixed fee for felony reduced to misdemeanor. However, this section shall not apply to those proceedings provided for in § 17.1-275.8.

The amount collected, in whole or in part, for the fixed fee for felony reduced to misdemeanor shall be apportioned to the following funds in the fractional amounts designated:

1. Sentencing/supervision fee (General Fund) (.1695154);

2. Forensic science fund (.1707048);

3. Court reporter fund (.1465639);

4. Witness expenses/expert witness fund (.0088106);

5. Virginia Crime Victim-Witness Fund (.0132159);

6. Intensified Drug Enforcement Jurisdiction Fund (.0176211);

7. Criminal Injuries Compensation Fund (.0881057);

8. Commonwealth's attorney fund (state share) (.0881057);

9. Commonwealth's attorney fund (local share) (.0881057);

10. Regional Criminal Justice Academy Training Fund (.0044053);

11. Warrant fee (.0528634);

12. Courthouse construction/maintenance fund (.0088106); and

13. Clerk of the circuit court (.1431718).

1999, c. 9; 2002, c. 831; 2003, c. 1039; 2005, c. 631; 2011, c. 565; 2020, c. 1004; 2020, Sp. Sess. I, c. 21.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-275.3. Fixed felony revocation fee.
Upon the partial or full revocation of suspension of sentence or probation of a convicted felon pursuant to § 19.2-306, other than a revocation for failure to pay previously assessed court costs, there shall be assessed as court costs a fee of $158 to be known as the fixed felony revocation fee. A single fixed felony revocation fee shall be assessed per defendant per hearing without regard to the number of revocations being considered.

The amount collected, in whole or in part, for the fixed felony revocation fee shall be apportioned to the following funds in the fractional amounts designated:

1. Virginia Crime Victim-Witness Fund (.0189873);

2. Intensified Drug Enforcement Jurisdiction Fund (.0253165);

3. Court reporter fund (.2105696);

4. Witness expenses/expert witness fund (.0126582);

5. Commonwealth's attorney fund (state share) (.1265823);

6. Commonwealth's attorney fund (local share) (.1265823);

7. Criminal Injuries Compensation Fund (.1898734);

8. Regional Criminal Justice Academy Training Fund (.0063291);

9. Warrant fee (.0759494); and

10. Clerk of the circuit court (.2071519).

1999, c. 9; 2003, c. 1039; 2011, c. 565.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-275.4. Fixed misdemeanor reduced from felony revocation fee.
In circuit court, when a person whose charge was reduced from a felony charge is convicted of a misdemeanor and subsequently suffers partial or full revocation of his suspension of sentence or probation pursuant to § 19.2-306, other than a revocation for failure to pay previously assessed court costs, he shall be assessed as court costs a fee of $114.50 to be known as the fixed misdemeanor reduced from felony revocation fee. A single fixed misdemeanor reduced from felony revocation fee shall be assessed per defendant per hearing without regard to the number of misdemeanor revocations being considered except that if a revocation of probation or suspended sentence upon a felony conviction is also being considered at the same revocation proceeding, a single fixed felony revocation fee shall apply instead. The amount collected, in whole or in part, for the fixed misdemeanor reduced from felony revocation fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:

1. Virginia Crime Victim-Witness Fund (.0262009);

2. Intensified Drug Enforcement Jurisdiction Fund (.0349345);

3. Witness expenses/expert witness fund (.0174672);

4. Commonwealth's attorney fund (state share) (.1746725);

5. Commonwealth's attorney fund (local share) (.1746725);

6. Criminal Injuries Compensation Fund (.1746725);

7. Regional Criminal Justice Training Academy Fund (.0087336);

8. Warrant fee, as prescribed by § 17.1-272 (.1048035); and

9. Clerk of the circuit court (.2838428).

1999, c. 9; 2002, c. 831; 2003, c. 1039; 2011, c. 565.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-275.5. Amounts to be added; judgment in favor of the Commonwealth.
A. The clerk shall assess, in addition to the fees provided for by § 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.7, 17.1-275.8, 17.1-275.9, 17.1-275.10, 17.1-275.11, 17.1-275.11:1, or 17.1-275.12, the following costs:

1. Any amount paid by the Commonwealth for legal representation of the defendant;

2. Any amount paid for trial transcripts;

3. Extradition costs;

4. Costs of psychiatric evaluation;

5. Costs taxed against the defendant as appellant under Rule 5A:30 of the Rules of the Supreme Court;

6. Any fee for a returned check or disallowed credit card charge assessed pursuant to subdivision A 28 of § 17.1-275;

7. Any jury costs;

8. Any assessment made pursuant to subdivision A 10 of § 17.1-275;

9. Any fees prescribed in §§ 18.2-268.8 and 46.2-341.26:8;

10. Any court costs related to an ignition interlock device;

11. Any fee for testing for HIV;

12. Any fee for processing an individual admitted to jail as prescribed in § 15.2-1613.1;

13. Any fee for courthouse security personnel as prescribed in § 53.1-120;

14. Any fee for a DNA sample as prescribed in § 19.2-310.2;

15. Reimbursement to the Commonwealth of medical fees as prescribed in § 19.2-165.1;

16. Any fee for a local criminal justice training academy as prescribed in § 9.1-106;

17. Any fee prescribed by §§ 16.1-69.48:1.01 and 17.1-275.11;

18. Any expenses charged pursuant to subsection B or F of § 19.2-187.1; and

19. Any fee for an electronic summons system as prescribed in § 17.1-279.1.

B. The total amount of assessments described in subsection A, including (i) the fees provided for by § 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.7, 17.1-275.8, 17.1-275.9, 17.1-275.10, 17.1-275.11, 17.1-275.11:1, or 17.1-275.12 and (ii) all other fines and costs, shall be docketed by the clerk as a judgment against the defendant in favor of the Commonwealth in accordance with § 8.01-446.

1999, c. 9; 2002, c. 831; 2003, cc. 1001, 1022, 1039; 2010, c. 555; 2012, c. 714; 2013, c. 263; 2014, c. 325; 2015, c. 641.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-275.6. Fees collected from court reporter fund.
Notwithstanding any other provision of law, in any court in which electronic devices are used for recording testimony, a sum not to exceed twenty dollars for each day or part of a day of the trial shall be paid by the clerk, from the court reporter fund as set forth in §§ 17.1-275.1, 17.1-275.2 and 17.1-275.3, or a sum not to exceed five dollars for each day or part of a day of the trial of a case wherein costs are assessed pursuant to § 17.1-275.8 shall be paid by the clerk, from the court reporter fund as set forth in § 17.1-275.8, into a special fund to be used for the purpose of repairing, replacing or supplementing such electronic devices or, if a sufficient amount is available, to pay the purchase price of such devices in whole or in part. For the purpose of this section, repairing shall include maintenance and service contracts. Fees collected under this article shall be retained locally and shall not be subject to the provisions of § 17.1-286.

2000, c. 875; 2002, c. 831.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-275.7. Fixed misdemeanor fee.
In circuit court, upon (i) conviction of any and each misdemeanor, not originally charged as a felony; (ii) a deferred disposition of proceedings in the case of any and each misdemeanor not originally charged as a felony and deferred pursuant to the terms and conditions of § 4.1-305, 16.1-278.8, 16.1-278.9, 18.2-57.3, 19.2-298.02, 19.2-303.2, or 19.2-303.6; (iii) any and each conviction of a traffic infraction or referral to a driver improvement clinic or traffic school in lieu of a finding of guilt for a traffic infraction; or (iv) proof of compliance with law under §§ 46.2-104 and 46.2-1158.02, there shall be assessed as court costs a fee of $80, to be known as the fixed misdemeanor fee. However, this section shall not apply to those proceedings provided for in § 17.1-275.8. This fee shall be in addition to any fee assessed in the district court.

The amount collected, in whole or in part, for the fixed misdemeanor fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:

1. Sentencing/supervision fee (General Fund) (.0125000);

2. Witness expenses/expert witness fee (General Fund)(.0250000);

3. Virginia Crime Victim-Witness Fund (.0375000);

4. Intensified Drug Enforcement Jurisdiction Fund (.0500000);

5. Criminal Injuries Compensation Fund (.2500000);

6. Commonwealth's Attorney Fund (state share) (.0937500);

7. Commonwealth's Attorney Fund (local share) (.0937500);

8. Regional Criminal Justice Academy Training Fund (.0125000);

9. Warrant fee, as prescribed by § 17.1-272 (.1500000);

10. Courthouse Construction/Maintenance Fund (.0250000); and

11. Clerk of the circuit court (.2500000).

2002, c. 831; 2003, c. 1039; 2005, c. 631; 2009, c. 756; 2011, cc. 283, 565; 2020, c. 1004; 2020, Sp. Sess. I, c. 21.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-275.8. Fixed drug misdemeanor fee.
In circuit court, upon conviction of any and each misdemeanor charge, whether or not originally charged as a felony, for a violation of any provision of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, or upon a deferred disposition of proceedings in the case of any and each misdemeanor charge, whether or not originally charged as a felony, deferred pursuant to the terms and conditions of § 18.2-251, there shall be assessed as court costs a fee of $296.50, to be known as the fixed drug misdemeanor fee. This fee shall be in addition to any fee assessed in the district court.

The amount collected, in whole or in part, for the fixed drug misdemeanor fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:

1. Sentencing/supervision fee (General Fund) (.1264755);

2. Court Reporter Fund (.0168634);

3. Witness expenses/expert witness fee (General Fund) (.0067454);

4. Virginia Crime Victim-Witness Fund (.0101180);

5. Intensified Drug Enforcement Jurisdiction Fund (.0134907);

6. Criminal Injuries Compensation Fund (.0674536);

7. Commonwealth's Attorney Fund (state share) (.0252951);

8. Commonwealth's Attorney Fund (local share) (.0252951);

9. Regional Criminal Justice Academy Training Fund (.0033727);

10. Warrant fee, as prescribed by § 17.1-272 (.0404722);

11. Courthouse Construction/Maintenance Fund (.0067454);

12. Clerk of the circuit court (.0674536);

13. Forensic laboratory fee (General Fund) (.3372681); and

14. Drug Offender Assessment and Treatment Fund (.2529511).

2002, c. 831; 2003, c. 1039; 2004, c. 1004; 2011, c. 565.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-275.9. Fixed misdemeanor revocation fee.
In circuit court, when a person is convicted of a misdemeanor not originally charged as a felony and subsequently suffers partial or full revocation of his suspension of sentence or probation pursuant to § 19.2-306, he shall be assessed as court costs a fee of $77 to be known as the fixed misdemeanor revocation fee. A single fixed misdemeanor revocation fee shall be assessed per defendant per hearing without regard to the number of misdemeanor revocations being considered, except that if a revocation of probation or suspended sentence upon a felony conviction is also being considered at the same revocation proceeding, a single fixed felony revocation fee shall apply instead. The amount collected, in whole or in part, for the fixed misdemeanor revocation fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:

1. Virginia Crime Victim-Witness Fund (.0389610);

2. Intensified Drug Enforcement Jurisdiction Fund (.0519481);

3. Witness expenses/expert witness fee (General Fund) (.0259740);

4. Commonwealth's Attorney Fund (state share) (.0974026);

5. Commonwealth's Attorney Fund (local share) (.0974026);

6. Criminal Injuries Compensation Fund (.2597403);

7. Regional Criminal Justice Training Academy Fund (.0129870);

8. Warrant fee, as prescribed by § 17.1-272 (.1558442); and

9. Clerk of the circuit court (.2597403).

2002, c. 831; 2003, c. 1039; 2011, c. 565.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-277. Repealed.
Repealed by Acts 2002, c. 831, cl. 2, effective July 1, 2003.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-278. Additional fees in certain courts; use by Virginia State Bar.
In addition to the fees prescribed by § 16.1-69.48:2 and subdivision A 13 of § 17.1-275 and to be collected by the clerk of the circuit or general district court upon the filing of papers for the commencement of civil actions in such courts, the following additional fees shall be collected in all cities and counties in which civil legal representation is provided for the poor, without charge, by a nonprofit legal aid program organized under the auspices of the Virginia State Bar: (i) upon commencement of a civil action in such circuit court, an additional fee of $10 and (ii) upon commencement of a civil action in such general district court, an additional fee of $10.

The additional fees prescribed by this action shall be collected by the clerk at the time of the filing. The amounts so collected shall be paid by the clerk to the state treasury and credited as follows: (i) $9 to a special fund within the Virginia State Bar fund to be designated the Legal Aid Services Fund, and (ii) $1 to the general fund for funding of the district courts of the Commonwealth. Such amount for the district courts shall be used to assist indigent litigants. Such amounts credited to the Legal Aid Services Fund shall be disbursed by the Virginia State Bar by check from the State Treasurer upon a warrant of the Comptroller to nonprofit legal aid programs organized under the auspices of the Virginia State Bar through the Legal Services Corporation of Virginia to assist in defraying the costs of such programs. However, the additional fees prescribed by this section shall not be collected in actions initiated by any local government or by the Commonwealth.

1992, cc. 249, 749, § 14.1-125.1; 1998, c. 872; 2002, c. 318; 2004, c. 925; 2005, c. 681; 2006, c. 189; 2008, c. 692.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-279.1. Additional assessment for electronic summons system.
Any county, city, or town, through its governing body, may assess an additional sum not in excess of $5 as part of the costs in each criminal or traffic case in the district or circuit courts located where such cases are brought in which the defendant is charged with a violation of any statute or ordinance, which violation in the case of towns arose within the town, and where the defendant is charged with a violation of any such statute or ordinance by a local law-enforcement agency. The imposition of such assessment shall be by ordinance of the governing body, which may provide for different sums in circuit courts and district courts. The assessment shall be collected by the clerk of the court in which the action is filed, remitted to the treasurer of the appropriate county, city, or town, and held by such treasurer subject to disbursements by the governing body to a local law-enforcement agency solely to fund software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system. The imposition of a town assessment shall replace any county fee that would otherwise apply.

2014, c. 325; 2015, cc. 546, 643; 2020, c. 342.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-280. What costs chargeable against prosecutor.
If any warrant of arrest for a misdemeanor or felony, or any search warrant, is issued or procured at the instance of a prosecutor, other than a public officer charged with the enforcement of the laws, and the warrant is dismissed or the accused discharged from the charge or charges, the judge before whom the proceeding is held may give judgment against the prosecutor in favor of the accused for his costs. If the judge believes from the evidence that the warrant was procured by the prosecutor through malice or without reasonable and probable cause, the judge shall grant judgment in favor of the accused for his costs.

Code 1950, § 14-140; 1960, c. 369; 1964, c. 386, § 14.1-131; 1998, c. 872.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-282. Reserved.
Reserved.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-283. Statements required of clerks of courts of record; exceptions.
A. Every clerk of a court of record, except the Clerks of the Supreme Court and the Court of Appeals, shall file monthly with the Compensation Board a full and accurate statement showing all such fees, allowances, commissions, salaries or other compensation or emolument of office, derived from the Commonwealth or any political subdivision thereof, or from any other source whatever, collected or received by him. The statements shall include the date of collection and sources from which the collections were made, and shall be verified by a procedure agreed upon by the Compensation Board and the Auditor of Public Accounts. The statements shall be open to public inspection at all times.

B. The statements shall show in detail all sums actually paid for necessary office expenses, premiums on official bond of the principal and deputies, name and amount of compensation to each deputy or assistant, and a detailed statement of every other expense in connection with the administration of the office actually paid out.

Code 1950, §§ 14-145, 14-147, 14-148; 1952, c. 446; 1960, c. 584; 1962, c. 439; 1964, c. 386, §§ 14.1-136, 14.1-138, 14.1-139; 1971, Ex. Sess., c. 155; 1983, c. 293; 1996, c. 696; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-284. How excess payable into state or local treasury determined.
In determining the excess, if any, to be paid into the state treasury by the clerks, all fees, allowances, commissions, salary or other compensation or emolument of office derived from the Commonwealth or any political subdivision thereof, or from any source whatever, shall be included and enter into the determination of the excess to be paid.

Code 1950, § 14-149; 1964, c. 386, § 14.1-140; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-285. Payment of excess.
A. The Commonwealth shall be entitled to one-third of the excess fees collected by clerks as required to be reported under § 17.1-283 and the governing body of the county or city shall be entitled to two-thirds of the excess fees collected unless otherwise provided by law. The Compensation Board shall determine on an annual basis by June 30 of each year the methods by which excess fees shall be disbursed.

B. All of the excess paid into the state treasury by the clerks of the Supreme Court of Virginia and the Court of Appeals shall be retained therein.

Code 1950, § 14-150; 1964, c. 386, § 14.1-140.1; 1985, c. 575; 1998, c. 872.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-286. Disposition of state funds locally collected.
All state funds collected by clerks of courts shall be paid into the state treasury without deductions on account of their compensation or on account of expenses. The Comptroller shall promptly forward to such officers his warrants on the State Treasurer for the compensation due them and the estimated amount allowed them out of such funds for expenses.

Code 1950, § 14-161; 1964, c. 386, § 14.1-161; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-287. Salaries of clerks of circuit courts.
The annual salaries of clerks of circuit courts shall be as prescribed in the general appropriation act.

1982, c. 589, § 14.1-143.2; 1986, c. 370; 1988, c. 841; 1998, c. 872.