history | hilite | pdf

CHAPTER 883
An Act to amend and reenact 16.1-69.48:1 of the Code of Virginia, as it shall become effective, relating to fee for failure to appear.
[S 1251]
Approved March 22, 2003

Be it enacted by the General Assembly of Virginia:

1. That 16.1-69.48:1 of the Code of Virginia is amended and reenacted as follows:

16.1-69.48:1. (Effective July 1, 2003) Fixed fee for misdemeanors, traffic infractions and other violations in district court; additional fees to be added.

A. Assessment of the fees provided for in this section shall be based on: (i) an appearance for court hearing in which there has been a finding of guilty; (ii) a written appearance with waiver of court hearing and entry of guilty plea; (iii) for a defendant failing to appear, a trial in his or her absence resulting in a finding of guilty; (iv) an appearance for court hearing in which the court requires that the defendant successfully complete traffic school or a driver improvement clinic, in lieu of a finding of guilty; or (v) a deferral of proceedings pursuant to 4.1-305, 16.1-278.8, 16.1-278.9, 18.2-57.3, 18.2-67.2:1, 18.2-251 or 19.2-303.2.

In addition to any other fee prescribed by this section, a fee of ten dollars $20 shall be taxed as costs whenever a defendant fails to appear, unless, after a hearing requested by such person, good cause is shown for such failure to appear. No defendant with multiple charges arising from a single incident shall be taxed the fee provided in this section more than once for a single appearance or trial in absence related to that incident. A defendant with charges which arise from separate incidents shall be taxed a fee for each incident even if the charges from the multiple incidents are disposed of in a single appearance or trial in absence.

In addition to the fixed fees assessed pursuant to this section, in the appropriate cases, the clerk shall also assess any costs otherwise specifically provided by statute.

B. In misdemeanors tried in district court, except for those proceedings provided for in subsection C, there shall be assessed as court costs a fixed fee of fifty-seven dollars $57. The amount collected, in whole or in part, for the fixed fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:

1. Processing fee (General Fund) (.596490);

2. Virginia Crime Victim-Witness Fund (.052632);

3. Regional Criminal Justice Training Academies Fund (.017544);

4. Courthouse Construction/Maintenance Fund (.035088);

5. Criminal Injuries Compensation Fund (.105263);

6. Intensified Drug Enforcement Jurisdiction Fund (.035088);

7. Sentencing/supervision fee (General Fund) (.140351); and

8. Sentencing/supervision fee (local share) (.017544).

C. In criminal actions and proceedings in district court for a violation of any provision of Article 1 ( 18.2-247 et seq.) of Chapter 7 of Title 18.2, there shall be assessed as court costs a fixed fee of $132. The amount collected, in whole or in part, for the fixed fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:

1. Processing fee (General Fund) (.257576);

2. Virginia Crime Victim-Witness Fund (.022727);

3. Regional Criminal Justice Training Academies Fund (.007576);

4. Courthouse Construction/Maintenance Fund (.015152);

5. Criminal Injuries Compensation Fund (.045455);

6. Intensified Drug Enforcement Jurisdiction Fund (.015152);

7. Drug Offender Assessment Fund (.568182);

8. Forensic laboratory fee and sentencing/supervision fee (General Fund) (.060605); and

9. Sentencing/supervision fee (local share) (.007575).

D. In traffic infractions tried in district court, there shall be assessed as court costs a fixed fee of forty-two dollars $42. The amount collected, in whole or in part, for the fixed fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:

1. Processing fee (General Fund) (.809523);

2. Virginia Crime Victim-Witness Fund (.071429);

3. Regional Criminal Justice Training Academies Fund (.023810);

4. Courthouse Construction/Maintenance Fund (.047619); and

5. Intensified Drug Enforcement Jurisdiction Fund (.047619).


Legislative Information System