Bill Text: VA HB857 | 2024 | Regular Session | Prefiled
Bill Title: Fines and costs; changes period of limitations for collection.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Vetoed) 2024-04-17 - House sustained Governor's veto [HB857 Detail]
Download: Virginia-2024-HB857-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§19.2-340 and 19.2-341 of the Code of Virginia are amended and reenacted as follows:
§19.2-340. Fines; how recovered; in what name.
A. 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.
B. Notwithstanding any other provision of law, upon the expiration of the period of limitations provided by §19.2-341, the fines imposed and costs taxed are extinguished and there shall be no right to collect the debt, including pursuant to the provisions of §19.2-349, and no action shall be brought to collect the extinguished debt.
C. The period of limitations provided by §19.2-341 shall apply regardless of the method of collection applicable pursuant to §19.2-349 and shall not be extended. Upon the expiration of the period of limitations, it shall not be revived or restarted by any means.
§19.2-341. Penalties other than fines; how recovered; in what name; limitation of actions.
A. 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 10 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
judgment.
B. Notwithstanding any other provision of law, upon the expiration of the period of limitations provided by subsection A, the penalties imposed and costs taxed are extinguished and there shall be no right to collect the debt, including pursuant to the provisions of §19.2-349, and no action shall be brought to collect the extinguished debt.
C. The period of limitations provided in subsection A shall apply regardless of the method of collection applicable pursuant to §19.2-349 and shall not be extended. Upon the expiration of the period of limitations, it shall not be revived or restarted by any means.
