dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 2 (Conservators of the Peace and Special Policemen)
§ 19.2-22. Same; arrest without a warrant.
A person arrested without a warrant by any conservator of the peace or other law-enforcement officer for any of the acts set forth in § 19.2-19 committed in the presence of such conservator of the peace or law-enforcement officer, shall be brought forthwith before a magistrate or judge, and proceedings shall be had in accordance with §§ 19.2-20 and 19.2-21.

1975, c. 495.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 2 (Conservators of the Peace and Special Policemen)
§ 19.2-23. Payment of fees or mileage allowances into county or city treasury.
Any conservator or policeman appointed under the provisions of this chapter shall not be entitled to fees or mileage for performance of his duties as such conservator or policeman.

Code 1950, § 19.1-31; 1960, c. 366; 1975, c. 495.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 2 (Conservators of the Peace and Special Policemen)
§ 19.2-24. When appeal may be taken; witnesses recognized; bail.
Any person from whom a recognizance is required under the provisions of this chapter or who has been committed to jail for failure to give security therefor, may appeal to the circuit court of the county or city, and, in such case, the judge from whose judgment the appeal is taken shall recognize such of the witnesses as he thinks proper; provided, however, that the person taking the appeal may be required to give bail, with good security, for his appearance at the circuit court of the county or city.

Code 1950, § 19.1-23; 1960, c. 366; 1975, c. 495; 1978, c. 500.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 2 (Conservators of the Peace and Special Policemen)
§ 19.2-25. Power of court on appeal.
The court may dismiss the complaint or affirm the judgment, and make what order it sees fit as to the costs. If it award costs against the appellant, the recognizance which he may have given shall stand as security therefor. When there is a failure to prosecute the appeal, such recognizance shall remain in force, although there be no order of affirmance. On any appeal the court may require of the appellant a new recognizance if it see fit.

Any person committed to jail under this chapter may be discharged by the circuit court of the county or city on such terms as it may deem reasonable.

Code 1950, §§ 19.1-24, 19.1-25; 1960, c. 366; 1975, c. 495.
Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 20 (TAXATION AND ALLOWANCE OF COSTS)
§ 19.2-328. When jailers and sheriffs to summon or employ guards and other persons; allowances therefor.
Whenever in the discretion of the court it is necessary for the safekeeping of a prisoner under charge of, or sentence for, crime, whether the prisoner be in jail, hospital, court or elsewhere, the court may order the jailer to summon a sufficient guard, and whenever ordered by the court to do so, the sheriff of any county or city shall summon or employ temporarily such person or persons as may be needed to preserve proper order or otherwise to aid the court in its proper operation and functioning, and for such guard or other service the court may allow therefor so much as it deems proper, not exceeding the hourly equivalent of the minimum annual salary paid a full-time deputy sheriff who performs like services in the same county or city; in addition, mileage and other expenses for rendering the services shall be paid for each person, the same to be paid out of the budget allotted to the sheriff as approved by the Compensation Board, except when payment for such guard is otherwise provided under the provisions of § 53.1-94 of the Code of Virginia.

Code 1950, § 19.1-308; 1960, c. 366; 1972, c. 225; 1973, c. 401; 1975, c. 495; 1981, c. 386; 1985, c. 321.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 20 (TAXATION AND ALLOWANCE OF COSTS)
§ 19.2-329. Allowance to witnesses.
Sections 17.1-612 to 17.1-616, inclusive, shall apply to a person attending as a witness, under a recognizance or summons in a criminal case, as well as to a person attending under a summons in a civil case, except that a person residing out of this Commonwealth, who attends a court therein as a witness, shall be allowed by the court a proper compensation for attendance and travel to and from the place of his abode, the amount of the same to be fixed by the court.

Code 1950, § 19.1-312; 1960, c. 366; 1975, c. 495; 1977, c. 483.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 20 (TAXATION AND ALLOWANCE OF COSTS)
§ 19.2-330. Compensation to witnesses from out of Commonwealth.
Any witness from without the Commonwealth whose attendance is compelled under the provisions of Chapter 16, Article 2 (§ 19.2-272 et seq.) of this title shall be deemed to render a service within the meaning of § 19.2-332 and the compensation and expenses of such witness, whether on behalf of the Commonwealth or the accused, may be paid out of the state treasury in accordance with the provisions of such section. But the compensation and expenses of any witness summoned on behalf of an accused shall not be certified to the state treasury as a compensation under such section except in cases when the court or judge thereof is satisfied that the defendant is without means to pay same and is unable to provide the costs incident thereto.

Code 1950, § 19.1-313; 1960, c. 366; 1975, c. 495.
Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 20 (TAXATION AND ALLOWANCE OF COSTS)
§ 19.2-331. When Commonwealth pays witnesses in case of misdemeanor.
Payment shall not be made out of the state treasury to a witness attending for the Commonwealth in any prosecution for a misdemeanor unless it appears that the sum to which the witness is entitled cannot be obtained:

(1) If it be a case wherein there is a prosecutor and the defendant is convicted, by reason of the insolvency of the defendant, or

(2) If it be a case in which there is no prosecutor, by reason of the acquittal or insolvency of the defendant or other cause.

Code 1950, § 19.1-314; 1960, c. 366; 1975, c. 495.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 20 (TAXATION AND ALLOWANCE OF COSTS)
§ 19.2-332. Compensation to officer or other person for services not otherwise compensable.
Whenever in a criminal case an officer or other person renders any service required by law for which no specific compensation is provided, or whenever any other service has been rendered pursuant to the request or prior approval of the court, the court shall allow therefor such sum as it deems reasonable, including mileage at a rate provided by law, and such allowance shall be paid out of the state treasury from the appropriation for criminal charges on the certificate of the court stating the nature of the service. This section shall not prevent any payment under § 2.2-816, which could have been made if this section had not been enacted.

This section shall not be construed to authorize the payment of any additional compensation to an officer or other employee of the Commonwealth who is compensated for his services exclusively by salary unless it be otherwise expressly provided by law.

Code 1950, § 19.1-315; 1960, c. 366; 1972, c. 719; 1975, c. 495.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 20 (TAXATION AND ALLOWANCE OF COSTS)
§ 19.2-333. No state fees to attorney for the Commonwealth.
No fee to an attorney for the Commonwealth shall be payable out of the state treasury, unless it be expressly so provided.

Code 1950, § 19.1-316; 1960, c. 366; 1975, c. 495.
Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 20 (TAXATION AND ALLOWANCE OF COSTS)
§ 19.2-334. By whom certificate of allowance to be made; vouchers to accompany it; proof of correctness; what entry to state.
Any other expense incident to a proceeding in a criminal case which is payable out of the state treasury otherwise than under §§ 2.2-816, 19.2-330 or § 19.2-332 shall be certified by the court. If it be a judge of a district court exercising jurisdiction, it shall be certified by such judge to the Supreme Court. With the certificate of allowance there shall be transmitted to the Supreme Court the vouchers on which it is made. The court, in passing upon any account for fees or expenses required to be certified by it under this section, before certifying the account, may, in its discretion, require proof of the correctness of any item thereof.

The entry of such certificate of allowance shall state how much thereof is on account of each person prosecuted.

Code 1950, §§ 19.1-317, 19.1-318; 1960, c. 366; 1975, c. 495; 1978, c. 195; 1979, c. 465.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 20 (TAXATION AND ALLOWANCE OF COSTS)
§ 19.2-335. Judge of district court to certify to clerk of circuit court costs of proceedings in criminal cases before him.
A judge of a district court before whom there is any proceeding in a criminal case, including any proceeding that has been deferred upon probation of the defendant pursuant to § 16.1-278.8, 16.1-278.9, 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-251, 19.2-298.02, 19.2-303.2, or 19.2-303.6, shall certify to the clerk of the circuit court of his county or city, and a judge or court before whom there is, in a criminal case, any proceeding preliminary to conviction in another court, upon receiving information of the conviction from the clerk of the court wherein it is, shall certify to such clerk, all the expenses incident to such proceedings which are payable out of the state treasury.

Code 1950, § 19.1-319; 1960, c. 366; 1968, c. 639; 1975, c. 495; 1995, c. 485; 2005, c. 631; 2020, c. 1004; 2020, Sp. Sess. I, c. 21.
Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 20 (TAXATION AND ALLOWANCE OF COSTS)
§ 19.2-336. Clerk to make up statement of whole cost, and issue execution therefor.
In every criminal case the clerk of the circuit court in which the accused is found guilty or is placed on probation during deferral of the proceedings pursuant to § 16.1-278.8, 16.1-278.9, 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-251, 19.2-298.02, 19.2-303.2, or 19.2-303.6 or, if the conviction is in a district court, the clerk to which the judge thereof certifies as aforesaid, shall, as soon as may be, make up a statement of all the expenses incident to the prosecution, including such as are certified under § 19.2-335, and execution for the amount of such expenses shall be issued and proceeded with. Chapter 21 (§ 19.2-339 et seq.) shall apply thereto in like manner as if, on the day of completing the statement, there was a judgment in such court in favor of the Commonwealth against the accused for such amount as a fine. However, in any case in which an accused waives trial by jury, at least 10 days before trial, but the Commonwealth or the court trying the case refuses to so waive, then the cost of the jury shall not be included in such statement or judgment recorded pursuant to § 17.1-275.5.

Code 1950, § 19.1-320; 1960, c. 366; 1970, c. 429; 1975, c. 495; 1978, c. 716; 1995, c. 485; 2005, c. 631; 2012, c. 714; 2020, c. 1004; 2020, Sp. Sess. I, c. 21.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 20 (TAXATION AND ALLOWANCE OF COSTS)
§ 19.2-337. Claims not presented in time to be disallowed.
If by reason of the failure of a person to present his claim in due time a sum be not included in such execution which would have been included if so presented, such claim, unless there be good cause for the failure, shall be disallowed.

Code 1950, § 19.1-321; 1960, c. 366; 1975, c. 495.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 20 (TAXATION AND ALLOWANCE OF COSTS)
§ 19.2-338. Collection by town of cost of transporting prisoners.
(1) Notwithstanding any provision of any charter or any law to the contrary, any town may provide that any person convicted of violating any ordinance of the town may be charged, in addition to all other costs, fines, fees and charges, the costs of transporting such person so convicted to and from a jail or other penal institution outside the corporate limits of such town designated by the town as a place of confinement for persons arrested for violating the ordinances of the town and required to be held in jail pending trial upon such charge. The cost of such transportation shall be taxed as a part of the costs payable by persons convicted of violating such ordinances.

(2) No officer transporting any person convicted of violating any ordinance of the town, as provided in subsection (1) hereof, shall charge or be paid, nor shall such town receive directly or indirectly, more than the cost of transporting such person when more than one person is transported.

Code 1950, § 19.1-322; 1960, c. 366; 1975, c. 495; 1995, c. 51.
Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-339. Word "fine" construed.
Whenever the word "fine" is used in this chapter, it shall be construed to refer solely to the pecuniary penalty imposed by a court or jury upon a defendant who has been found guilty of a crime. The word "fine" shall not include other forfeitures, penalties, costs, amercements or the like, even though they follow as a consequence of conviction of crime.

Code 1950, § 19.1-323; 1960, c. 366; 1975, c. 495.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-340. Fines; how recovered; in what name.
When any statute or ordinance prescribes a fine, unless it is otherwise expressly provided or would be inconsistent with the manifest intention of the General Assembly, it shall be paid to the Commonwealth if prescribed by a statute and recoverable by presentment, indictment, information, or warrant and paid to the locality if prescribed by an ordinance and recoverable by warrant. Whenever any warrant or summons is issued pursuant to § 19.2-72 or 19.2-74 for an offense in violation of any county, city, or town ordinance that is similar to any provision of this Code, and such warrant or summons references the offense using both the citation corresponding to the county, city, or town ordinance and the specific provision of this Code, any fine prescribed by the county, city, or town ordinance shall be paid to the locality. Fines imposed and costs taxed in a criminal or traffic prosecution, including a prosecution for a violation of an ordinance adopted pursuant to § 46.2-1220, for committing an offense shall constitute a judgment and, if not paid at the time they are imposed, execution may issue thereon in the same manner as upon any other monetary judgment, subject to the period of limitations provided by § 19.2-341.

Code 1950, § 19.1-324; 1960, c. 366; 1975, c. 495; 1995, c. 438; 2021, Sp. Sess. I, cc. 524, 542.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-340.1. Disposition of fines in criminal cases.
When a law-enforcement officer of (i) the Department of State Police or (ii) any other division of the state government makes an arrest or issues a summons for a violation of a provision of the Code of Virginia, the person arrested or summoned shall be charged with a violation of that Code provision and shall not be charged with a substantially similar local ordinance. All fines collected upon conviction of any person so arrested or summoned shall be credited to the Literary Fund.

2012, c. 749.
Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-341. Penalties other than fines; how recovered; in what name; limitation of actions.
When any statute or ordinance prescribes a monetary penalty other than a fine, unless it is otherwise expressly provided or would be inconsistent with the manifest intention of the General Assembly, it shall be paid to the Commonwealth if prescribed by a statute and paid to the locality if prescribed by an ordinance and recoverable by warrant, presentment, indictment, or information. Penalties imposed and costs taxed in any such proceeding shall constitute a judgment and, if not paid at the time they are imposed, execution may issue thereon in the same manner as upon any other monetary judgment. No such proceeding of any nature, however, shall be brought or had for the recovery of such a penalty or costs due the Commonwealth or any political subdivision thereof, unless within 60 years from the date of the offense or delinquency giving rise to imposition of such penalty if imposed by a circuit court or within 30 years if imposed by a general district court.

Code 1950, § 19.1-324; 1960, c. 366; 1975, c. 495; 1983, c. 499; 1995, c. 438; 2018, c. 736.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-342. Where and in what court proceeding to be.
In a proceeding under § 19.2-341, such warrant, presentment, indictment or information shall be in the county or city wherein the offense was committed or the delinquency occurred.

Code 1950, § 19.1-325; 1960, c. 366; 1975, c. 495.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-343. Reserved.
Reserved.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-345. Repealed.
Repealed by Acts 1988, c. 509.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-347. Repealed.
Repealed by Acts 1983, c. 499.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-348. Attorneys for Commonwealth or clerks to superintend issue of executions, etc.
The attorney for the Commonwealth or the clerk of the circuit court shall superintend the issuing of all executions or judgments for fines and penalties going wholly or in part to the Commonwealth or a county, city or town, in the circuit court or appropriate district court of his county or city.

Code 1950, § 19.1-341.1; 1960, c. 366; 1975, c. 495; 1983, c. 499; 1992, c. 623; 1994, c. 811.
Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-349.1. Receipt of unpaid fines, costs, forfeitures, penalties, or restitution by Department of Motor Vehicles.
At the direction of the Committee on District Courts or at the request of a circuit court clerk, the Executive Secretary of the Supreme Court may enter into an agreement with the Commissioner of the Department of Motor Vehicles authorizing the Department of Motor Vehicles to receive, on behalf of a district or circuit court, payment of any delinquent fines, costs, forfeitures, and penalties, including any court-ordered restitution of a sum certain, imposed by a court for the violation of a state law or a local ordinance. However, in no case shall the Department of Motor Vehicles be authorized to establish an installment plan for any such payments or to receive partial payment of the full amount imposed by the court for the violation of a state law or a local ordinance.

For each such payment it receives, the Department of Motor Vehicles may impose and collect a processing fee, to be used to defray the costs of the transaction to the Department. Such transaction fee shall be $2, unless payment is made by credit card or debit card and the merchant's fees and other transaction costs imposed by the card issuer are charged to the Department of Motor Vehicles, in which case the processing fee shall be the greater of (i) $2 or (ii) an amount not to exceed four percent of the amount of the payment. The Department may also collect any processing fee charged by a private vendor operating under contract to distribute to the court payments received by the Department. All processing fees imposed and collected by the Department of Motor Vehicles under this section shall be in addition to the other fees specified in this chapter. All such processing fees collected by the Department of Motor Vehicles shall be paid into the state treasury as provided in § 46.2-206 and used to meet the expenses of the Department of Motor Vehicles. The service charge provided under § 46.2-212.1 shall not be added to the processing fee authorized under this section. Other fees specified in this chapter, including those payable pursuant to collections contracts made by attorneys for the Commonwealth, shall not be diminished or offset due to receipt of payments by the Department of Motor Vehicles.

2015, c. 228.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-350. When sheriff not to receive fines.
No sheriff or other law-enforcement officer shall receive any fine, penalty or costs imposed by a court not of record, except under process duly issued.

Code 1950, § 19.1-342; 1960, c. 366; 1975, c. 495.
Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-351. How fines disposed of; informer.
Although a law may allow an informer or person prosecuting to have part of a fine or penalty, the whole thereof shall go to the Commonwealth, unless the name of such informer or prosecutor be endorsed on, or written at the foot of, the presentment at the time it is made, or of the indictment before it is presented to the grand jury, or of the information before it is filed, or of the writ issued in the action, or the process on the warrant, or the notice of the motion before service of such writ, process, or notice.

Code 1950, § 19.1-344; 1960, c. 366; 1975, c. 495.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-352. Officers to pay fines to clerks; default; forfeiture, etc.
Every sheriff or other officer receiving money under a writ of fieri facias or capias pro fine shall pay the same to the clerk of the court from which such process issued, on or before the return day of such process; and if such sheriff or other officer fail to pay the money, or fail to return such writ of fieri facias or capias pro fine, he shall, for every such failure, unless good cause be shown therefor, forfeit twenty dollars; and the clerk shall, within ten days from the return day of such process, report the failure to pay such money, or to return such process, to the attorney for the Commonwealth, who shall proceed at once against such officer in default to recover such money and the forfeiture aforesaid.

Code 1950, § 19.1-345; 1960, c. 366; 1975, c. 495.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-353. Certain fines paid into Literary Fund.
The proceeds of all fines and penalties collected for offenses committed against the Commonwealth, and directed by Article VIII, Section 8 of the Constitution of Virginia to be set apart as a part of a perpetual and permanent literary fund, shall be paid and collected only in lawful money of the United States, and shall be paid into the state treasury to the credit of the Literary Fund, and shall be used for no other purpose whatsoever.

Code 1950, § 19.1-346; 1960, c. 366; 1971, Ex. Sess., c. 1; 1975, c. 495.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-353.1. Fieri facias and proceedings thereon.
Any writ of fieri facias issued under this chapter and the proceedings on the same shall conform to the writ of fieri facias and proceedings thereon under Article 19 (§ 8.01-196 et seq.) of Chapter 3 of Title 8.01.

Code 1950, § 19.1-347; 1960, c. 366; 1975, c. 495.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-353.2. Repealed.
Repealed by Acts 1988, cc. 770, 852.
Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-353.4. Repealed.
Repealed by Acts 1988, cc. 770, 852.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-353.5. Interest on fines and costs.
A. For purposes of this section, "incarcerated" or "incarceration" means confinement in a local or regional correctional facility, juvenile correctional facility, state correctional facility, residential detention center, or facility operated pursuant to the Corrections Private Services Act (§ 53.1-261 et seq.).

B. No interest shall accrue on any fine or costs imposed in a criminal case or in a case involving a traffic infraction (i) for a period of 180 days following the date of the final judgment imposing such fine or costs; (ii) during any period the defendant is incarcerated; and (iii) for a period of 180 days following the date of the defendant's release from incarceration if the sentence includes an active term of incarceration.

C. A person who owes fines and costs on which interest has accrued during a period of incarceration may move any court in which he owes fines and costs to waive the interest that accrued on such fines and costs during such period of incarceration. Upon certification of the period of incarceration by the superintendent, warden, or other official in charge of a correctional facility on a form developed by the Office of the Executive Secretary of the Supreme Court, such interest shall be waived.

D. In no event shall interest accrue during any period in which a fine, costs, or both a fine and costs are being paid in deferred or installment payments pursuant to an order of the court. Whenever interest on any unpaid fine or costs accrues, it shall accrue at the judgment rate of interest set forth in § 6.2-302.

1987, c. 648; 1988, cc. 106, 508; 1995, cc. 375, 566; 1996, c. 226; 2016, c. 282; 2021, Sp. Sess. I, c. 388; 2025, c. 337.
Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-355. Petition of defendant.
(a) The court may require any defendant entering a deferred, modified deferred, or installment payment agreement to file a petition, under oath, with the court, upon a form provided by the court, setting forth the financial condition of the defendant.

(b) Such form shall be a questionnaire, and shall include, but shall not be limited to: the name and residence of the defendant; his occupation, if any; his family status and the number of persons dependent upon him; his monthly income; whether or not his dependents are employed and, if so, their approximate monthly income; his banking accounts, if any; real estate owned by the defendant, or any interest he may have in real estate; income produced therefrom; any independent income accruing to the defendant; tangible and intangible personal property owned by the defendant, or in which he may have an interest; and a statement listing the approximate indebtedness of the defendant to other persons. Such form shall also include a payment plan of the defendant. At the end of such form there shall be printed in bold face type, in a distinctive color the following: THIS STATEMENT IS MADE UNDER OATH, ANY FALSE STATEMENT OF A MATERIAL FACT TO ANY QUESTION CONTAINED HEREIN SHALL CONSTITUTE PERJURY UNDER THE PROVISIONS OF § 18.2-434 OF THE CODE OF VIRGINIA. THE MAXIMUM PENALTY FOR PERJURY IS CONFINEMENT IN THE PENITENTIARY FOR A PERIOD OF TEN YEARS. A copy of the petition shall be retained by the defendant.

(c) If the defendant is unable to read or write, the court, or the clerk, may assist the defendant in completing the petition and require him to affix his mark thereto. The consequences of the making of a false statement shall be explained to such defendant.

Code 1950, § 19.1-347.2; 1971, Ex. Sess., c. 250; 1975, c. 495; 2021, Sp. Sess. I, c. 388.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-356. Payment of fine or costs as condition of probation or suspension of sentence.
If a defendant is placed on probation, or imposition or execution of sentence is suspended, or both, the court may make payment of any fine, or costs, or fine and costs, either on a certain date or on an installment basis, a condition of probation or suspension of sentence.

Code 1950, § 19.1-347.3; 1971, Ex. Sess., c. 250; 1975, c. 495; 1987, c. 238.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-357. Requiring that defendant be of peace and good behavior until fine and costs are paid.
If a defendant is permitted to pay a fine or fine and costs on an installment basis, or under such other conditions as the court shall fix under the provisions of § 19.2-354, the court may require as a condition that the defendant be of peace and good behavior until the fine and costs are paid.

Code 1950, § 19.1-347.4; 1971, Ex. Sess., c. 250; 1975, c. 495.
Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-359. Official receipts to be given for fines.
Every officer collecting a fine, fine and costs or costs when no fine is imposed shall give an official receipt therefor to the person making the payment, and the clerk of the court shall use the official receipt in receipting to a court not of record for payments made to the clerk; and when the fine, fine and costs or costs are collected by execution, the clerk shall receipt to the officer making payment to him upon the official receipts.

Code 1950, § 19.1-348; 1960, c. 366; 1975, c. 495.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-360. Forms of receipts; distribution; record of disposition.
The Executive Secretary of the Supreme Court shall prescribe and prepare forms of official receipts for fines and distribute them to the clerks of the circuit courts and to the clerks of the district courts for their use. A record of the disposition of each receipt form shall be maintained as prescribed by the Executive Secretary.

Code 1950, § 19.1-349; 1960, c. 366; 1972, c. 97; 1975, c. 495; 1977, c. 465.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-360.1. (Effective January 1, 2026) Itemized statement of fines, restitution, forfeiture, penalty, and other costs.
The clerk of the court, upon written or electronic request, shall provide an itemized statement to any defendant convicted of a traffic infraction or a violation of any criminal law of the Commonwealth or of any political subdivision thereof, or found not innocent in the case of a juvenile, who is sentenced to pay a fine, restitution, forfeiture, or penalty or assessed any other costs in the circuit court or appropriate district court of his county or city at the time such fine, restitution, forfeiture, penalty, or other costs are assessed, or within a reasonable time after assessment. The clerk shall also provide an updated statement of the outstanding balances of fines, forfeiture, and penalties, restitution and costs, or payment history upon written or electronic request of the defendant. Any such itemized or updated statement shall be provided to the defendant either in person if he appears in person and furnishes proper identification or by trackable courier service with signature requirement or first-class mail.

2025, c. 638.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-361. Misuse, misappropriation or willful failure to account for fines is embezzlement.
If any officer misuse, misappropriate, or willfully fail to return or account for, a fine collected by him he shall be deemed guilty of embezzlement and shall be punished as for the embezzlement of public funds and the failure, without good cause, to produce or account for any receipt form received by him shall be prima facie evidence of his embezzlement of the amount represented thereby.

Code 1950, § 19.1-350; 1960, c. 366; 1975, c. 495.
Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-362. Court not to remit fine or penalty, other than fine for contempt, except as provided in § 19.2-358.
No court shall remit any fine or penalty, except for a contempt, which the court during the same term may remit either wholly or in part, and except as provided in § 19.2-358. This section shall not impair the judicial power of the court to set aside a verdict or judgment, or to grant a new trial.

Code 1950, § 19.1-351; 1960, c. 366; 1971, Ex. Sess., c. 250; 1975, c. 495.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-363. Authority of Governor to grant relief from fines and penalties.
The Governor shall have power, in his discretion, to remit, in whole or in part, fines and penalties, in all cases of felony or misdemeanor, after conviction, whether paid into the state treasury or not, except when judgment shall have been rendered against any person for contempt of court, for nonperformance of or disobedience to some order, decree or judgment of such court, or when the fine or penalty has been imposed by the State Corporation Commission, or when the prosecution has been carried on by the House of Delegates. The Governor may, in his discretion, remit, refund or release, in whole or in part, any forfeited recognizance or any judgment rendered thereon, provided, in the opinion of the Governor, the evidence accompanying such application warrants the granting of the relief asked for. But the provisions of the three following sections and § 19.2-368 shall be complied with as a condition precedent to such action by the Governor; provided, that when the party against whom the fine or penalty has been imposed and judgment rendered therefor has departed this life leaving a spouse or children surviving, the Governor may remit such fine or penalty upon the certificate of the judge of the circuit court of the county or city wherein such fine or penalty was imposed and judgment rendered, that to enforce the same against the estate, real or personal, of the decedent, would impose hardship upon the spouse or children. In any case when the Governor remits, in whole or in part, a fine or penalty, if the same has been paid into the state treasury, on the order of the Governor such fine or penalty or so much thereof as is remitted shall be paid by the State Treasurer, on the warrant of the Comptroller, out of the fund into which the fine or penalty was paid.

Code 1950, § 19.1-352; 1960, c. 366; 1975, c. 495.
Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-364. Petition for relief; in what court filed; notice to attorney for Commonwealth.
Such person or his personal representative, as the case may be, shall file a petition in the clerk's office of the circuit court of the county or city wherein such fine or penalty was imposed, or such liability established, at least fifteen days before the term of the court at which the same is to be heard, and shall set forth the grounds upon which relief is asked. Ten days' notice thereof in writing shall be given to the attorney for the Commonwealth of the county or city.

Code 1950, § 19.1-353; 1960, c. 366; 1975, c. 495.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-365. Duties of attorney for Commonwealth upon filing of such petition.
The attorney for the Commonwealth, at or before the hearing of such petition, shall file an answer to the same. He shall cause to be summoned such witnesses and shall introduce all such testimony as may be necessary and proper to protect the interest of the Commonwealth; and the petitioner may cause to be summoned such witnesses and shall introduce all such testimony as may be necessary and proper to protect his interest.

Code 1950, § 19.1-354; 1960, c. 366; 1975, c. 495.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-366. Duty of court in which petition filed; certificate and opinion.
The court wherein such petition is filed shall hear all such testimony as may be offered, either by the petitioner or attorney for the Commonwealth, and after the evidence has been heard shall cause to be made out by the clerk of the court a certificate of the facts proved, and file with the same an opinion, in writing, as to the propriety of granting the relief prayed for.

Code 1950, § 19.1-355; 1960, c. 366; 1975, c. 495.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-367. Proceedings to be according to common law.
All proceedings had before the court under the provisions of the three preceding sections shall be according to the course of the common-law practice, except that no formal pleadings shall be necessary.

Code 1950, § 19.1-356; 1960, c. 366; 1975, c. 495.
Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21 (Recovery of Fines and Penalties)
§ 19.2-368. Course of proceeding when relief asked of the Governor.
Whenever application shall be made to the Governor by or on behalf of any person desiring to be relieved, in whole or in part, of any such fine or penalty, the petition, answer, certificate of facts, and opinion of the court provided for in §§ 19.2-364, 19.2-365 and 19.2-366, duly authenticated by the clerk of the court, shall accompany the application, which shall be in writing. In all cases in which the Governor shall remit a fine or penalty he shall issue his order to the clerk of the court by which such fine or penalty was imposed; or if such fine or penalty was imposed by a court not of record, to the clerk of the circuit court of the county or city in which the judge of such court not of record holds office, and such court shall, at its next term, or immediately, if then in session, cause such order to be spread upon the law order book of its court; and the clerk of such court shall immediately, upon the receipt of such order, mark the judgment for such fine or penalty, and costs, or so much thereof as the person may have been relieved of, "remitted by the Governor," upon the Judgment Lien Docket of the court of the county or city in which it may have been recorded. The Governor shall communicate to the General Assembly at each session the particulars of every case of fine or penalty remitted, with his reason for remitting the same.

Code 1950, § 19.1-357; 1960, c. 366; 1975, c. 495.
Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21.1 (Compensating Victims of Crime)
§ 19.2-368.1. Findings; legislative intent.
The General Assembly finds that many innocent persons suffer personal physical injury or death as a result of criminal acts or in their efforts to prevent crime or apprehend persons committing or attempting to commit crimes. Such persons or their dependents may thereby suffer disability, incur financial hardships or become dependent upon public assistance. The General Assembly finds and determines that there is a need for governmental financial assistance for such victims of crime. Therefore, it is the intent of the General Assembly that aid, care and support be provided by the Commonwealth as a matter of moral responsibility for such victims of crime.

1976, c. 605.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21.1 (Compensating Victims of Crime)
§ 19.2-368.10. When awards to be made; reporting crime to law enforcement.
No award shall be made unless the Commission finds that:

1. A crime was committed;

2. Such crime directly resulted in an individual becoming a victim as defined in § 19.2-368.2, on whose behalf a claim is filed; and

3. Police or court records show that such crime was promptly reported to the proper authorities. In determining if such crime was promptly reported, the Commission shall consider (i) any police records; (ii) the victim's physical, emotional, mental, and family situation; and (iii) the existence of a permanent protective order, issued pursuant to § 16.1-279.1 or 19.2-152.10, for the victim or other persons eligible for awards as identified in § 19.2-368.4 from the person responsible for the qualifying crime. The provisions of this subdivision shall not apply to claims of sexual abuse.

1976, c. 605; 1977, c. 215; 1985, c. 446; 2001, c. 855; 2005, c. 683; 2021, Sp. Sess. I, c. 178; 2023, c. 564; 2025, cc. 225, 244.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21.1 (Compensating Victims of Crime)
§ 19.2-368.11. Repealed.
Repealed by Acts 1986, c. 457.
Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21.1 (Compensating Victims of Crime)
§ 19.2-368.12. Awards not subject to execution or attachment; apportionment; reductions.
A. No award made pursuant to this chapter shall be subject to execution or attachment other than for expenses resulting from the injury which is the basis for the claim.

B. If there are two or more persons entitled to an award as a result of the death of a person which is the direct result of a crime, the award shall be apportioned among the claimants.

C. In determining the amount of an award, the Commission shall determine whether, because of his conduct, the victim of such crime contributed to the infliction of his injury, and the Commission shall reduce the amount of the award or reject the claim altogether, in accordance with such determination; provided, however, that the Commission may disregard for this purpose the responsibility of the victim for his own injury where the record shows that such responsibility was attributable to efforts by the victim to prevent a crime or an attempted crime from occurring in his presence, or to apprehend a person who had committed a crime in his presence or had, in fact, committed a felony.

1976, c. 605; 1977, c. 215; 1989, c. 335.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21.1 (Compensating Victims of Crime)
§ 19.2-368.13. Repealed.
Repealed by Acts 1984, c. 619.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21.1 (Compensating Victims of Crime)
§ 19.2-368.14. Public record; exception.
Except as provided in § 19.2-368.6 concerning juvenile claimants or victims, the record of any proceedings under this chapter shall be a public record; provided, however, that any record or report obtained by the Commission, the confidentiality of which is protected by any other law or regulation, shall remain confidential, subject to such law or regulation.

1976, c. 605; 1994, c. 834.
Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21.1 (Compensating Victims of Crime)
§ 19.2-368.15. Subrogation of Commonwealth to claimant's right of action; lien in favor of the Commonwealth; disposition of funds collected.
Acceptance of an award made pursuant to this chapter shall subrogate the Commonwealth, to the extent of such award, to any right or right of action accruing to the claimant or the victim to recover payments on account of losses resulting from the crime with respect to which the award is made. However, except as otherwise provided in subsection J of § 19.2-305.1, the Commonwealth shall not institute any proceedings in connection with its right of subrogation under this section within one year from the date of commission of the crime, unless any claimant or victim's right or action shall have been previously terminated. All funds collected by the Commonwealth in a proceeding instituted pursuant to this section shall be paid over to the Comptroller for deposit into the Criminal Injuries Compensation Fund.

Whenever any person receives an award from the Criminal Injuries Compensation Fund, the Commonwealth shall have a lien for the total amount paid by the Fund, or any portion thereof compromised pursuant to the authority granted under § 2.2-514, on the claim of such injured person or his personal representative against the person, firm, or corporation who is alleged to have caused such injuries. The Fund's lien shall be inferior to any lien for payment of reasonable attorney fees and costs, but shall be superior to all other liens created by § 8.01-66.2. The injured person may file a petition or motion to reduce the lien and apportion the recovery pursuant to § 8.01-66.9. The Fund's lien shall become effective when notice is provided pursuant to § 8.01-66.5 and liability shall attach pursuant to § 8.01-66.6.

1976, c. 605; 1983, c. 227; 2013, c. 273; 2017, cc. 786, 814; 2018, cc. 316, 671.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21.1 (Compensating Victims of Crime)
§ 19.2-368.16. Claims to be made under oath.
All claims shall be made under oath. Any person who asserts a false claim under the provisions of this chapter shall be guilty of perjury and, in addition, shall be subject to prosecution under the provisions of Article 3 (§ 18.2-95 et seq.) of Chapter 5 of Title 18.2, and shall further forfeit any benefit received and shall reimburse and repay the Commonwealth for payments received or paid on his behalf pursuant to any of the provisions hereunder.

1976, c. 605.
Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21.1 (Compensating Victims of Crime)
§ 19.2-368.17. Public information program.
The Commission shall establish and conduct a public information program to assure extensive and continuing publicity and public awareness of the provisions of this chapter. The public information program shall include brochures, posters and public service advertisements for television, radio and print media for dissemination to the public of information regarding the right to compensation for innocent victims of crime, including information on the right to file a claim, the scope of coverage, and the procedures to be utilized incident thereto.

Whenever a crime that directly resulted in personal physical injury to, or death of, an individual is reported pursuant to § 19.2-368.10, the law-enforcement agency to which the report is made shall make reasonable efforts, where practicable, to notify the victim or other potential claimant in writing on forms prepared by the Commission of his or her possible right to file a claim under this chapter. In any event, no liability or cause of action shall arise from the failure to so notify a victim of crime or other potential claimant.

1976, c. 605; 1986, cc. 457, 472; 2025, cc. 225, 244.

Code of Virginia — Title 19.2 (Criminal Procedure), Chapter 21.1 (Compensating Victims of Crime)
§ 19.2-368.18. Criminal Injuries Compensation Fund.
A. There is hereby created a special fund to be administered by the Comptroller, known as the Criminal Injuries Compensation Fund.

B. Whenever the costs provided for 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, or § 17.1-275.9 or subsections B or C of § 16.1-69.48:1 are assessed, a portion of the costs, as specified in those sections, shall be paid over to the Comptroller to be deposited into the Criminal Injuries Compensation Fund. Under no condition shall a political subdivision be held liable for the payment of this sum.

C. No claim shall be accepted under the provisions of this chapter when the crime that gave rise to such claim occurred prior to July 1, 1977.

D. Sums available in the Criminal Injuries Compensation Fund shall be used for the purpose of payment of the costs and expenses necessary for the administration of this chapter and for the payment of claims pursuant to this chapter.

E. All revenues deposited into the Criminal Injuries Compensation Fund, and appropriated for the purposes of this chapter, shall be immediately available for the payment of claims.

1976, c. 605; 1978, c. 413; 1980, c. 521; 1985, c. 230; 1988, c. 748; 1993, c. 434; 1996, cc. 760, 976; 2002, c. 831.