Bicycleman
06-29-2007, 03:18 PM
During its 2007 Session, the General Assembly of Virginia passed House Bill
3202 (Chapter 896), which was designed to provide additional funds to address various
transportation needs in the Commonwealth. (See this link for the bill:
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=071&typ=bil&val=hb3202.) The
legislation requires agencies and branches of state government which implement parts of
the legislation to make accessible to the public information about those efforts.
(1) Civil Remedial Fees. The legislation creates “civil remedial fees” to be
assessed against Virginia residents convicted of certain motor vehicle-related or driving
crimes. These civil remedial fees will not apply to traffic infractions like failure to obey a
highway sign or failure to yield or parking too near a hydrant. They apply only to certain
motor vehicle-related or driving felonies and misdemeanors (certain motor vehiclerelated
or driving offenses which are crimes). The civil remedial fees will be assessed
against juveniles who have been found delinquent because they committed one of these
motor vehicle-related or driving felonies or misdemeanors. The civil remedial fees will
not be assessed if the juvenile court defers a final judgment against the juvenile and does
not find the juvenile to be delinquent.
(2) Purpose. The statute states the purpose of these fees is “to generate revenue
from drivers whose proven dangerous driving behavior places significant financial
burdens upon the Commonwealth.”
(3) Effective date. These fees are assessed upon convictions of the applicable
offenses only if the crime was committed on or after July 1, 2007.
(4) An additional fee. In one important way, these fees are like court costs. That
is, if the fee is applicable to a particular conviction, the court must assess the entire civil
remedial fee. However, these civil remedial fees cannot be suspended or reduced. Instead,
by law, an applicable civil remedial fee must be assessed by the court in full. Finally, the
law provides that “The civil remedial fees established by this section shall be in addition
to any other fees, costs, or penalties imposed pursuant to the Code of Virginia.”
(5) Virginia residents only. The civil remedial fee is applicable to Virginia
“residents” convicted of these crimes. The law provides that “The civil remedial fees
established by this section shall be assessed on any resident of Virginia operating a motor
vehicle on the highways of Virginia, including persons to whom Virginia driver's
licenses, commercial driver's licenses, or learner's permits have been issued pursuant to
this title; and persons operating motor vehicles without licenses or whose license has
been revoked or suspended.”
(6) Three-part fee. The civil remedial fees are imposed in three equal parts. If the
fee applies, the court will order the first part of the fee to be paid to the court following
the conviction. The court will also order that the second part of the fee must be paid to
the Department of Motor Vehicles (DMV) within 14 months and, then, that the third part
of the fee must be paid within 26 months of the conviction. DMV will tell people who
owe the second and third parts of the civil remedial fees when those parts of their fees
will be due.
http://www.courts.state.va.us/publications/hb_3202.pdf
3202 (Chapter 896), which was designed to provide additional funds to address various
transportation needs in the Commonwealth. (See this link for the bill:
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=071&typ=bil&val=hb3202.) The
legislation requires agencies and branches of state government which implement parts of
the legislation to make accessible to the public information about those efforts.
(1) Civil Remedial Fees. The legislation creates “civil remedial fees” to be
assessed against Virginia residents convicted of certain motor vehicle-related or driving
crimes. These civil remedial fees will not apply to traffic infractions like failure to obey a
highway sign or failure to yield or parking too near a hydrant. They apply only to certain
motor vehicle-related or driving felonies and misdemeanors (certain motor vehiclerelated
or driving offenses which are crimes). The civil remedial fees will be assessed
against juveniles who have been found delinquent because they committed one of these
motor vehicle-related or driving felonies or misdemeanors. The civil remedial fees will
not be assessed if the juvenile court defers a final judgment against the juvenile and does
not find the juvenile to be delinquent.
(2) Purpose. The statute states the purpose of these fees is “to generate revenue
from drivers whose proven dangerous driving behavior places significant financial
burdens upon the Commonwealth.”
(3) Effective date. These fees are assessed upon convictions of the applicable
offenses only if the crime was committed on or after July 1, 2007.
(4) An additional fee. In one important way, these fees are like court costs. That
is, if the fee is applicable to a particular conviction, the court must assess the entire civil
remedial fee. However, these civil remedial fees cannot be suspended or reduced. Instead,
by law, an applicable civil remedial fee must be assessed by the court in full. Finally, the
law provides that “The civil remedial fees established by this section shall be in addition
to any other fees, costs, or penalties imposed pursuant to the Code of Virginia.”
(5) Virginia residents only. The civil remedial fee is applicable to Virginia
“residents” convicted of these crimes. The law provides that “The civil remedial fees
established by this section shall be assessed on any resident of Virginia operating a motor
vehicle on the highways of Virginia, including persons to whom Virginia driver's
licenses, commercial driver's licenses, or learner's permits have been issued pursuant to
this title; and persons operating motor vehicles without licenses or whose license has
been revoked or suspended.”
(6) Three-part fee. The civil remedial fees are imposed in three equal parts. If the
fee applies, the court will order the first part of the fee to be paid to the court following
the conviction. The court will also order that the second part of the fee must be paid to
the Department of Motor Vehicles (DMV) within 14 months and, then, that the third part
of the fee must be paid within 26 months of the conviction. DMV will tell people who
owe the second and third parts of the civil remedial fees when those parts of their fees
will be due.
http://www.courts.state.va.us/publications/hb_3202.pdf