{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-368.21.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-368.21.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-368.21.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-368.21.html"}],"law_id":87089,"edition_id":1,"section_id":87089,"structure_id":14919,"section_number":"19.2-368.21","catch_line":"Distribution","history":"1990, c. 549; 1992, c. 681; 2006, c. 414.","full_text":"A\n\nProceeds paid to the Division under § 19.2-368.20 shall be retained in escrow in the Criminal Injuries Compensation Fund for five years after the date of the order, but during that five-year period may be levied upon to satisfy a money judgment rendered by a court or award of the Workers’ Compensation Commission in favor of a victim of an offense for which the defendant has been convicted or acquitted by reason of insanity, or a legal representative of the victim.B\n\nIf ordered by a circuit court in the interest of justice, after motion, notice to all interested parties, and opportunity for hearing, such escrow fund shall be used to:1\n\nFirst, satisfy court ordered restitution against a defendant and in favor of a victim;2\n\nSatisfy a money judgment rendered in the court hearing the matter, in favor of a victim of any offense for which the defendant has been convicted;3\n\nPay for legal representation of the defendant in criminal proceedings, including the appeals process, to the extent the defendant’s representation was paid for by the Commonwealth or an agency thereof. No more than 25% of the total proceeds in escrow may be used for legal representation; and4\n\nPay any fines or costs assessed against the defendant by a court of the Commonwealth.C\n\nAt the end of the five-year period, the remaining proceeds shall be paid into the Literary Fund. However, (i) if a civil action under this section is pending against the defendant, the proceeds shall be held in escrow until completion of the action or (ii) if the defendant has appealed his conviction and the appeals process is not final, the proceeds shall be held in escrow until the appeals process is final, and upon disposition of the charges favorable to the defendant, the Division shall immediately pay any money in the escrow account to the defendant.","order_by":null,"text":{"0":{"id":311835,"text":"Proceeds paid to the Division under § 19.2-368.20 shall be retained in escrow in the Criminal Injuries Compensation Fund for five years after the date of the order, but during that five-year period may be levied upon to satisfy a money judgment rendered by a court or award of the Workers’ Compensation Commission in favor of a victim of an offense for which the defendant has been convicted or acquitted by reason of insanity, or a legal representative of the victim.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":311836,"text":"If ordered by a circuit court in the interest of justice, after motion, notice to all interested parties, and opportunity for hearing, such escrow fund shall be used to:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":311837,"text":"First, satisfy court ordered restitution against a defendant and in favor of a victim;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":311838,"text":"Satisfy a money judgment rendered in the court hearing the matter, in favor of a victim of any offense for which the defendant has been convicted;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":311839,"text":"Pay for legal representation of the defendant in criminal proceedings, including the appeals process, to the extent the defendant’s representation was paid for by the Commonwealth or an agency thereof. No more than 25% of the total proceeds in escrow may be used for legal representation; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":311840,"text":"Pay any fines or costs assessed against the defendant by a court of the Commonwealth.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":311841,"text":"At the end of the five-year period, the remaining proceeds shall be paid into the Literary Fund. However, (i) if a civil action under this section is pending against the defendant, the proceeds shall be held in escrow until completion of the action or (ii) if the defendant has appealed his conviction and the appeals process is not final, the proceeds shall be held in escrow until the appeals process is final, and upon disposition of the charges favorable to the defendant, the Division shall immediately pay any money in the escrow account to the defendant.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4"}},"ancestry":[{"id":14919,"edition_id":1,"name":"Profits From Crime","identifier":"21.2","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:50:46","date_modified":"2026-06-26 03:50:46","permalink":{"id":170229,"object_type":"structure","relational_id":14919,"identifier":"21.2","token":"19.2\/21.2","url":"\/19.2\/21.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65351,"structure_id":14919,"section_number":"19.2-368.19","catch_line":"Definitions","url":"\/19.2-368.19\/","token":"19.2\/21.2\/19.2-368.19","metadata":false},{"id":79178,"structure_id":14919,"section_number":"19.2-368.20","catch_line":"Special order of escrow","url":"\/19.2-368.20\/","token":"19.2\/21.2\/19.2-368.20","metadata":false},{"id":87089,"structure_id":14919,"section_number":"19.2-368.21","catch_line":"Distribution","url":"\/19.2-368.21\/","token":"19.2\/21.2\/19.2-368.21","metadata":false},{"id":56936,"structure_id":14919,"section_number":"19.2-368.22","catch_line":"Actions to defeat chapter void","url":"\/19.2-368.22\/","token":"19.2\/21.2\/19.2-368.22","metadata":false}],"previous_section":{"id":79178,"structure_id":14919,"section_number":"19.2-368.20","catch_line":"Special order of escrow","url":"\/19.2-368.20\/","token":"19.2\/21.2\/19.2-368.20","metadata":false},"next_section":{"id":56936,"structure_id":14919,"section_number":"19.2-368.22","catch_line":"Actions to defeat chapter void","url":"\/19.2-368.22\/","token":"19.2\/21.2\/19.2-368.22","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-368.21\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 549 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1992, chapter 681; in 2006, chapter 414<\/a>.<\/p>","references":false,"refers_to":[{"id":79178,"section_number":"19.2-368.20","catch_line":"Special order of escrow","order_by":null,"url":"\/19.2-368.20\/"}],"permalink":{"id":170239,"object_type":"law","relational_id":87089,"identifier":"19.2-368.21","token":"19.2\/21.2\/19.2-368.21","url":"\/19.2-368.21\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-368.21\/","token":"19.2\/21.2\/19.2-368.21","dublin_core":{"Title":"Distribution","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-368.21","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Proceeds paid to the Division<\/span> under § 19.2-368.20<\/a> shall be retained in escrow in the Criminal Injuries Compensation Fund for five years after the date of the order<\/span>, but during that five-year period may be levied upon to satisfy a money judgment<\/span> rendered by a court<\/span> or award of the Workers’ Compensation Commission in favor of a victim<\/span> of an offense<\/span> for which the defendant<\/span> has been convicted or acquitted by reason of insanity<\/span>, or a legal representative of the victim<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If ordered by a circuit<\/span> court<\/span> in the interest of justice, after motion<\/span>, notice to all interested parties, and opportunity for hearing<\/span>, such escrow fund shall be used to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> First, satisfy court<\/span> ordered restitution<\/span> against a defendant<\/span> and in favor of a victim<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Satisfy a money judgment<\/span> rendered in the court<\/span> hearing<\/span> the matter, in favor of a victim<\/span> of any offense<\/span> for which the defendant<\/span> has been convicted; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Pay for legal representation of the defendant<\/span> in criminal proceedings, including the appeals<\/span> process, to the extent the defendant<\/span>’s representation was paid for by the Commonwealth or an agency thereof. No more than 25% of the total proceeds in escrow may be used for legal representation; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Pay any fines or costs assessed against the defendant<\/span> by a court<\/span> of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> At the end of the five-year period, the remaining proceeds shall be paid into the Literary Fund. However, (i) if a civil action<\/span> under this section is pending against the defendant<\/span>, the proceeds shall be held in escrow until completion of the action or (ii) if the defendant<\/span> has appealed his conviction<\/span> and the appeals<\/span> process is not final, the proceeds shall be held in escrow until the appeals<\/span> process is final, and upon disposition<\/span> of the charges favorable to the defendant<\/span>, the Division<\/span> shall immediately pay any money in the escrow account to the defendant<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISTRIBUTION (\u00a7 19.2-368.21)\n\nA. Proceeds paid to the Division under § 19.2-368.20 shall be retained in\nescrow in the Criminal Injuries Compensation Fund for five years after the date\nof the order, but during that five-year period may be levied upon to satisfy a\nmoney judgment rendered by a court or award of the Workers’ Compensation\nCommission in favor of a victim of an offense for which the defendant has been\nconvicted or acquitted by reason of insanity, or a legal representative of the\nvictim.\n\nB. If ordered by a circuit court in the interest of justice, after motion,\nnotice to all interested parties, and opportunity for hearing, such escrow fund\nshall be used to:\n\n 1. First, satisfy court ordered restitution against a defendant and in favor\n of a victim;\n\n 2. Satisfy a money judgment rendered in the court hearing the matter, in favor\n of a victim of any offense for which the defendant has been convicted;\n\n 3. Pay for legal representation of the defendant in criminal proceedings,\n including the appeals process, to the extent the defendant’s\n representation was paid for by the Commonwealth or an agency thereof. No more\n than 25% of the total proceeds in escrow may be used for legal representation;\n and\n\n 4. Pay any fines or costs assessed against the defendant by a court of the\n Commonwealth.\n\nC. At the end of the five-year period, the remaining proceeds shall be paid into\nthe Literary Fund. However, (i) if a civil action under this section is pending\nagainst the defendant, the proceeds shall be held in escrow until completion of\nthe action or (ii) if the defendant has appealed his conviction and the appeals\nprocess is not final, the proceeds shall be held in escrow until the appeals\nprocess is final, and upon disposition of the charges favorable to the\ndefendant, the Division shall immediately pay any money in the escrow account to\nthe defendant.\n\nHISTORY: 1990, c. 549; 1992, c. 681; 2006, c. 414.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}