Virginia SB 514: Fines and costs; changes period of limitations for collection.

Bill Text

2024SESSION
ENROLLED
1 VIRGINIAACTSOFASSEMBLY––CHAPTER
2 An Act to amend and reenact §§ 19.2-340, 19.2-341, and 19.2-354 of the Code of Virginia, relating to
3 fines and costs; period of limitations on collection.
4 [S514]
5 Approved
6 Be it enacted by the General Assembly of Virginia:
7 1. That §§ 19.2-340, 19.2-341, and 19.2-354 of the Code of Virginia are amended and reenacted as
8 follows:
9 §19.2-340. Fines; how recovered; in what name.
10 A. When any statute or ordinance prescribes a fine, unless it is otherwise expressly provided or
11 would be inconsistent with the manifest intention of the General Assembly, it shall be paid to the
12 Commonwealth if prescribed by a statute and recoverable by presentment, indictment, information, or
13 warrant and paid to the locality if prescribed by an ordinance and recoverable by warrant. Whenever any
14 warrant or summons is issued pursuant to § 19.2-72 or 19.2-74 for an offense in violation of any county,
15 city, or town ordinance that is similar to any provision of this Code, and such warrant or summons
16 references the offense using both the citation corresponding to the county, city, or town ordinance and
17 the specific provision of this Code, any fine prescribed by the county, city, or town ordinance shall be
18 paid to the locality. Fines imposed and costs taxed in a criminal or traffic prosecution, including a
19 prosecution for a violation of an ordinance adopted pursuant to § 46.2-1220, for committing an offense
20 shall constitute a judgment and, if not paid at the time they are imposed, execution may issue thereon in
21 the same manner as upon any other monetary judgment, subject to the period of limitations provided by
22 §19.2-341.
23 B. Notwithstanding any other provision of law, upon the expiration of the period of limitations
24 provided by §19.2-341, no action shall be brought to collect the debt.
25 C. The period of limitations provided by § 19.2-341 shall apply regardless of the method of
26 collection applicable pursuant to § 19.2-349 and shall not be extended or revived on account of a
27 partial payment, a written or verbal affirmation of fines or costs, or a change in collection methods.
28 Upon the expiration of the period of limitations, it shall not be revived or restarted by any means.
29 §19.2-341. Penalties other than fines; how recovered; in what name; limitation of actions.
30 A. When any statute or ordinance prescribes a monetary penalty other than a fine, unless it is
31 otherwise expressly provided or would be inconsistent with the manifest intention of the General
32 Assembly, it shall be paid to the Commonwealth if prescribed by a statute and paid to the locality if
33 prescribed by an ordinance and recoverable by warrant, presentment, indictment, or information.
34 Penalties imposed and costs taxed in any such proceeding shall constitute a judgment and, if not paid at
35 the time they are imposed, execution may issue thereon in the same manner as upon any other monetary
36 judgment. No such proceeding of any nature, however, shall be brought or had for the recovery of such
37 a penalty or costs due the Commonwealth or any political subdivision thereof, unless within 60 10 years
38 from the date of the offense or delinquency giving rise to imposition of such penalty if imposed by a
39 circuit court or within 30 years if imposed by a general district court judgment.
40 B. Notwithstanding any other provision of law, upon the expiration of the period of limitations
41 provided by subsection A, no action shall be brought to collect the debt.
42 C. The period of limitations provided in subsection A shall apply regardless of the method of
43 collection applicable pursuant to § 19.2-349 and shall not be extended or revived on account of a
44 partial payment, a written or verbal affirmation of the debt, or a change in collection method. Upon the
45 expiration of the period of limitations, it shall not be revived or restarted by any means.
46 § 19.2-354. Authority of court to order payment of fine, costs, forfeitures, penalties or
47 restitution in installments or upon other terms and conditions; community work in lieu of
48 payment.
49 A. Any defendant convicted of a traffic infraction or a violation of any criminal law of the
50 Commonwealth or of any political subdivision thereof, or found not innocent in the case of a juvenile,
51 who is sentenced to pay a fine, restitution, forfeiture, or penalty may pay such fine, restitution,
52 forfeiture, or penalty and any costs that the defendant may be required to pay in deferred payments or
53 installments. The court assessing the fine, restitution, forfeiture, or penalty and costs shall authorize the
54 clerk to establish and approve individual deferred or installment payment agreements. If the defendant
55 owes court-ordered restitution and enters into a deferred or installment payment agreement, any moneys
56 collected pursuant to such agreement shall be used first to satisfy such re