Bill Text: VA SB623 | 2022 | Regular Session | Introduced
Bill Title: Governor; authority to grant relief from fines and penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-03-08 - Left in Courts of Justice [SB623 Detail]
Download: Virginia-2022-SB623-Introduced.html
Be it enacted by the General Assembly of Virginia:
1. That §§19.2-363 and 19.2-368 of the Code of Virginia are amended and reenacted as follows:
§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.
§19.2-368. Course of proceeding when Governor remits a fine or penalty.
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.
2. That §§19.2-364 through 19.2-367 of the Code of Virginia are repealed.
