reglab/housing_qa huggingface dataset:
VA Code § 19.2-327.10 (2021)
2021 Code of Virginia|Title 19.2 - Criminal Procedure|Chapter 19.3 - Issuance of Writ of Actual Innocence Based on Nonbiological Evidence|§ 19.2-327.10. Issuance of writ of actual innocence based on nonbiological evidence

Notwithstanding any other provision of law or rule of court, upon a petition of a person who was convicted of a felony, or the petition of a person who was adjudicated delinquent by a circuit court of an offense that would be a felony if committed by an adult, the Court of Appeals shall have the authority to issue writs of actual innocence under this chapter. The writ shall lie to the circuit court that entered the conviction or the adjudication of delinquency and that court shall have the authority to conduct hearings, as provided for in this chapter, on such a petition as directed by order from the Court of Appeals. In accordance with §§ 17.1-411 and 19.2-317, either party may appeal a final decision of the Court of Appeals to the Supreme Court of Virginia. Upon an appeal from the Court of Appeals, the Supreme Court of Virginia shall have the authority to issue writs in accordance with the provisions of this chapter.2004, c. 1024; 2013, c. 170; 2020, cc. 993, 994.
VA Code § 19.2-327.10:1 (2021)
2021 Code of Virginia|Title 19.2 - Criminal Procedure|Chapter 19.3 - Issuance of Writ of Actual Innocence Based on Nonbiological Evidence|§ 19.2-327.10:1. Petition for writ of actual innocence joined by Attorney General; release of prisoner; bond hearing

The Attorney General may join in a petition for a writ of actual innocence made pursuant to § 19.2-327.10. When such petition is so joined, the petitioner may file a copy of the petition and attachments thereto and the Attorney General's answer with the circuit court that entered the felony conviction or adjudication of delinquency and move the court for a hearing to consider release of the person on bail pursuant to Chapter 9 (§ 19.2-119 et seq.). Upon hearing and for good cause shown, the court may order the person released from custody subject to the terms and conditions of bail so established, pending a ruling by the Court of Appeals on the writ under § 19.2-327.13.2015, c. 66; 2020, cc. 993, 994.
VA Code § 19.2-327.12 (2021)
2021 Code of Virginia|Title 19.2 - Criminal Procedure|Chapter 19.3 - Issuance of Writ of Actual Innocence Based on Nonbiological Evidence|§ 19.2-327.12. Determination by Court of Appeals for findings of fact by the circuit court

If the Court of Appeals determines from the petition, from any hearing on the petition, from a review of the records of the case, or from any response from the Attorney General that a resolution of the case requires further development of the facts, the court may order the circuit court in which the order of conviction or the adjudication of delinquency was originally entered to conduct a hearing within 90 days after the order has been issued to certify findings of fact with respect to such issues as the Court of Appeals shall direct. The record and certified findings of fact of the circuit court shall be filed in the Court of Appeals within 30 days after the hearing is concluded. The petitioner or his attorney of record, the attorney for the Commonwealth and the Attorney General shall be served a copy of the order stating the specific purpose and evidence for which the hearing has been ordered.2004, c. 1024; 2013, c. 170.
VA Code § 19.2-327.13 (2021)
2021 Code of Virginia|Title 19.2 - Criminal Procedure|Chapter 19.3 - Issuance of Writ of Actual Innocence Based on Nonbiological Evidence|§ 19.2-327.13. Relief under writ

Upon consideration of the petition, the response by the Commonwealth, previous records of the case, the record of any hearing held under this chapter, and, if applicable, any findings certified from the circuit court pursuant to an order issued under this chapter, the Court of Appeals, if it has not already summarily dismissed the petition, shall either dismiss the petition for failure to state a claim or assert grounds upon which relief shall be granted, or the Court shall (i) dismiss the petition for failure to establish previously unknown, unavailable, or untested evidence sufficient to justify the issuance of the writ, or (ii) only upon a finding that the petitioner has proven by a preponderance of the evidence all of the allegations contained in clauses (iv) through (viii) of subsection A of § 19.2-327.11, and upon a finding that no rational trier of fact would have found proof of guilt or delinquency beyond a reasonable doubt, grant the writ, and vacate the conviction or finding of delinquency, or in the event that the Court finds that no rational trier of fact would have found sufficient evidence beyond a reasonable doubt as to one or more elements of the offense for which the petitioner was convicted or adjudicated delinquent, but the Court finds that there remains in the original trial record evidence sufficient to find the petitioner guilty or delinquent beyond a reasonable doubt of a lesser included offense, the Court shall modify the order of conviction or delinquency accordingly and remand the case to the circuit court that entered the conviction or adjudication of delinquency for resentencing. The burden of proof in a proceeding brought pursuant to this chapter shall be upon the convicted or delinquent person seeking relief. If a writ vacating a conviction or adjudication of delinquency is granted, and no appeal is made to the Supreme Court, or the Supreme Court denies the Commonwealth's petition for appeal or upholds the decision of the Court of Appeals to grant the writ, the Court of Appeals shall forward a copy of the writ to the circuit court, where an order of expungement shall be immediately granted.2004, c. 1024; 2007, cc. 465, 824, 883, 905; 2013, cc. 170, 180; 2020, cc. 993, 994.
VA Code § 19.2-327.14 (2021)
2021 Code of Virginia|Title 19.2 - Criminal Procedure|Chapter 19.3 - Issuance of Writ of Actual Innocence Based on Nonbiological Evidence|§ 19.2-327.14. Claims of relief

An action under this chapter or the actions of any attorney representing the petitioner under this chapter shall not form the basis for relief in any habeas corpus proceeding. Nothing in this chapter shall create any cause of action for damages against the Commonwealth or any of its political subdivisions.2004, c. 1024.
VA Code § 19.2-327.15 (2021)
2021 Code of Virginia|Title 19.2 - Criminal Procedure|Chapter 19.4 - Issuance of Writ of Vacatur for Victims of Commercial Sex Trafficking|§ 19.2-327.15. Definitions

As used in this chapter, unless the context requires a different meaning:"Qualifying offense" means a conviction or adjudication of delinquency for any violation of § 18.2-346 or 18.2-347."Victim of sex trafficking" means any person convicted or adjudicated delinquent of a qualifying offense in the Commonwealth who committed such offense as a direct result of being solicited, invited, recruited, encouraged, forced, intimidated, or deceived by another to engage in acts of prostitution or unlawful sexual intercourse for money or its equivalent, as described in subsection A of § 18.2-346, regardless of whether any other person has been charged or convicted of an offense related to the sex trafficking of such person.2021, Sp. Sess. I, c. 543.
VA Code § 19.2-327.16 (2021)
2021 Code of Virginia|Title 19.2 - Criminal Procedure|Chapter 19.4 - Issuance of Writ of Vacatur for Victims of Commercial Sex Trafficking|§ 19.2-327.16. Issuance of writ of vacatur for victims of commercial sex trafficking

A. Notwithstanding any other provision of law or rule of court, upon a petition of a person who was convicted or adjudicated delinquent of a qualifying offense, the circuit court of the county or city in which the conviction or adjudication of delinquency was entered shall have the authority to issue writs of vacatur under this chapter.B. The Rules of Supreme Court of Virginia governing practice and procedures in civil actions shall be applicable to proceedings under this chapter.C. The circuit court shall have the authority to conduct hearings on petitions for vacatur.D. Any party aggrieved by the decision of the circuit court may appeal the decision to the Supreme Court of Virginia.2021, Sp. Sess. I, c. 543.
VA Code § 19.2-327.18 (2021)
2021 Code of Virginia|Title 19.2 - Criminal Procedure|Chapter 19.4 - Issuance of Writ of Vacatur for Victims of Commercial Sex Trafficking|§ 19.2-327.18. Hearing on petition for vacatur

A. If the attorney for the Commonwealth of the county or city in which the petition is filed (i) gives written notice to the court that he does not object to the petition and (ii) stipulates in such written notice that the petitioner was convicted or adjudicated delinquent of a qualifying offense and that the petitioner committed the qualifying offense as a direct result of being a victim of sex trafficking, the circuit court may grant the writ and vacate the qualifying offense without conducting a hearing.B. If the attorney for the Commonwealth of the county or city in which the petition is filed objects to the petition or does not file an answer, the court shall conduct a hearing on the petition after reasonable notice has been provided to both the petitioner and the attorney for the Commonwealth. The attorney for the Commonwealth shall make reasonable efforts to notify any victim, as defined in § 19.2-11.01, of any qualifying offense of such hearing. The circuit court shall not be required to conduct a hearing if it has previously dismissed a petition for vacatur from the same petitioner for the same qualifying offense.C. Upon finding that the petitioner has by a preponderance of the evidence proven the elements contained in subsection A of § 19.2-327.17, the circuit court shall grant the writ and vacate the qualifying offense. If the petitioner fails to prove any of these elements, the court shall dismiss the petition.D. The court may grant the writ and vacate the qualifying offense regardless of whether any person other than the petitioner has been charged or convicted of an offense related to the petitioner being a victim of sex trafficking.2021, Sp. Sess. I, c. 543.
VA Code § 19.2-327.19 (2021)
2021 Code of Virginia|Title 19.2 - Criminal Procedure|Chapter 19.4 - Issuance of Writ of Vacatur for Victims of Commercial Sex Trafficking|§ 19.2-327.19. Relief under writ of vacatur

A. Upon granting a writ of vacatur pursuant to subsection C of § 19.2-327.18, the circuit court shall provide the petitioner with a copy of the writ, and such copy shall be sufficient proof that the person named in the writ is no longer under any disability, disqualification, or other adverse consequence resulting from the vacated conviction or adjudication of delinquency.B. If a writ of vacatur is granted, and no appeal is made to the Supreme Court, or the Supreme Court refuses or denies the Commonwealth's petition for appeal or upholds the decision of the circuit court, an order of expungement for the qualifying offense shall be entered by the circuit court. Upon entry of the order of expungement, the clerk of court shall cause a copy of the writ of vacatur, the order of expungement, and the complete set of petitioner's fingerprints to be forwarded to the Department of State Police, which shall expunge the qualifying offense.C. The writ to vacate the qualifying offense shall not be expunged pursuant to subsection B and shall be maintained by the circuit court. Access to the writ may be provided only upon court order. Any person seeking access to the writ may file a written motion setting forth why such access is needed. The court shall issue an order to disclose the writ upon the written motion of the petitioner named in the writ. The court may issue an order to disclose the writ if it finds that such disclosure best serves the interests of justice.D. Costs shall be as provided in § 17.1-275 but shall not be recoverable against the Commonwealth. If the circuit court enters a writ of vacatur, the clerk of the court shall refund to the petitioner such costs paid by the petitioner.E. If the court enters a writ of vacatur, the petitioner shall be entitled to a refund of all fines, costs, forfeitures, and penalties paid in relation to the qualifying offense that was vacated. If the clerk of the court where the conviction was entered is in possession of any records detailing any fines, costs, forfeitures, and penalties paid by the petitioner for a qualifying offense that was vacated, the petitioner shall be entitled to a refund of such amount. If the clerk of the court where the conviction was entered is no longer in possession of any records detailing any fines, costs, forfeitures, and penalties paid by the petitioner for a qualifying offense that was vacated, a refund shall be provided only upon a showing by the petitioner of the amount of fines, costs, forfeitures, and penalties paid.2021, Sp. Sess. I, c. 543.
VA Code § 19.2-327.20 (2021)
2021 Code of Virginia|Title 19.2 - Criminal Procedure|Chapter 19.4 - Issuance of Writ of Vacatur for Victims of Commercial Sex Trafficking|§ 19.2-327.20. Claims of relief

Except for appeals to the Supreme Court of Virginia as authorized by subsection D of § 19.2-327.16, an action under this chapter or the performance of any attorney representing the petitioner under this chapter shall not form the basis for relief in any habeas corpus or appellate proceeding. Nothing in this chapter shall create any cause of action for damages against the Commonwealth or any of its political subdivisions or any officers, employees, or agents of the Commonwealth or its political subdivisions.2021, Sp. Sess. I, c. 543.
VA Code § 19.2-328 (2021)
2021 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.
VA Code § 19.2-329 (2021)
2021 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.
VA Code § 19.2-330 (2021)
2021 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.
VA Code § 19.2-331 (2021)
2021 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.
VA Code § 19.2-332 (2021)
2021 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.
VA Code § 19.2-333 (2021)
2021 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.
VA Code § 19.2-334 (2021)
2021 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.
VA Code § 19.2-335 (2021)
2021 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.
VA Code § 19.2-336 (2021)
2021 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.
VA Code § 19.2-337 (2021)
2021 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.
VA Code § 19.2-338 (2021)
2021 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.