{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-195.12.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-195.12.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-195.12.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-195.12.html"}],"law_id":81268,"edition_id":1,"section_id":81268,"structure_id":16098,"section_number":"8.01-195.12","catch_line":"Conditions for continued compensation","history":"2004, cc. 818, 840; 2010, c. 557; 2024, c. 396.","full_text":"A\n\nIf, at the time of the award of compensation pursuant to § 8.01-195.11, the person wrongfully incarcerated has previously won a monetary award against the Commonwealth or any political subdivision thereof in a civil action arising out of the factual situation in connection with the conviction for which the compensation was awarded, or has entered into a settlement agreement with the Commonwealth or any political subdivision thereof arising out of such situation, the amount of the award in such action or such settlement agreement, less any sums paid to attorneys or for costs in litigating such other civil action or obtaining such settlement agreement, shall be deducted from the sum of money to which the person wrongfully incarcerated is entitled pursuant to § 8.01-195.11.B\n\nAs a condition of receiving any compensation under this article, a person shall execute a release and waiver forever releasing (i) the Commonwealth or any agency, instrumentality, officer, employee, or political subdivision thereof, (ii) any legal counsel appointed pursuant to § 19.2-159, and (iii) all other parties of interest, from any present or future claims the person receiving compensation may have against such enumerated parties and arising out of the factual situation in connection with the conviction for which compensation is being sought under this article.","order_by":null,"text":{"0":{"id":291285,"text":"If, at the time of the award of compensation pursuant to § 8.01-195.11, the person wrongfully incarcerated has previously won a monetary award against the Commonwealth or any political subdivision thereof in a civil action arising out of the factual situation in connection with the conviction for which the compensation was awarded, or has entered into a settlement agreement with the Commonwealth or any political subdivision thereof arising out of such situation, the amount of the award in such action or such settlement agreement, less any sums paid to attorneys or for costs in litigating such other civil action or obtaining such settlement agreement, shall be deducted from the sum of money to which the person wrongfully incarcerated is entitled pursuant to § 8.01-195.11.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":291286,"text":"As a condition of receiving any compensation under this article, a person shall execute a release and waiver forever releasing (i) the Commonwealth or any agency, instrumentality, officer, employee, or political subdivision thereof, (ii) any legal counsel appointed pursuant to § 19.2-159, and (iii) all other parties of interest, from any present or future claims the person receiving compensation may have against such enumerated parties and arising out of the factual situation in connection with the conviction for which compensation is being sought under this article.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":16098,"edition_id":1,"name":"Compensation for Wrongful Incarceration for a Felony Conviction","identifier":"18.2","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 04:05:53","date_modified":"2026-06-26 04:05:53","permalink":{"id":280191,"object_type":"structure","relational_id":16098,"identifier":"18.2","token":"8.01\/3\/18.2","url":"\/8.01\/3\/18.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78034,"structure_id":16098,"section_number":"8.01-195.10","catch_line":"Purpose; action by the General Assembly required; definitions","url":"\/8.01-195.10\/","token":"8.01\/3\/18.2\/8.01-195.10","metadata":false},{"id":75576,"structure_id":16098,"section_number":"8.01-195.11","catch_line":"Compensation for wrongful incarceration","url":"\/8.01-195.11\/","token":"8.01\/3\/18.2\/8.01-195.11","metadata":false},{"id":81268,"structure_id":16098,"section_number":"8.01-195.12","catch_line":"Conditions for continued compensation","url":"\/8.01-195.12\/","token":"8.01\/3\/18.2\/8.01-195.12","metadata":false},{"id":63500,"structure_id":16098,"section_number":"8.01-195.13","catch_line":"Compensation for certain intentional acts","url":"\/8.01-195.13\/","token":"8.01\/3\/18.2\/8.01-195.13","metadata":false}],"previous_section":{"id":75576,"structure_id":16098,"section_number":"8.01-195.11","catch_line":"Compensation for wrongful incarceration","url":"\/8.01-195.11\/","token":"8.01\/3\/18.2\/8.01-195.11","metadata":false},"next_section":{"id":63500,"structure_id":16098,"section_number":"8.01-195.13","catch_line":"Compensation for certain intentional acts","url":"\/8.01-195.13\/","token":"8.01\/3\/18.2\/8.01-195.13","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-195.12\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapters 818<\/a> and 840<\/a> 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. 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 2010, chapter 557<\/a>; in 2024, chapter 396<\/a>.<\/p>","references":[{"id":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"},{"id":78034,"section_number":"8.01-195.10","catch_line":"Purpose; action by the General Assembly required; definitions","order_by":null,"url":"\/8.01-195.10\/"}],"refers_to":[{"id":57328,"section_number":"19.2-159","catch_line":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","order_by":null,"url":"\/19.2-159\/"},{"id":75576,"section_number":"8.01-195.11","catch_line":"Compensation for wrongful incarceration","order_by":null,"url":"\/8.01-195.11\/"}],"permalink":{"id":280201,"object_type":"law","relational_id":81268,"identifier":"8.01-195.12","token":"8.01\/3\/18.2\/8.01-195.12","url":"\/8.01-195.12\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-195.12\/","token":"8.01\/3\/18.2\/8.01-195.12","dublin_core":{"Title":"Conditions for continued compensation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-195.12","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If, at the time of the award of compensation pursuant to § 8.01-195.11<\/a>, the person<\/span> wrongfully incarcerated has previously won a monetary award against the Commonwealth or any political subdivision thereof in a civil action<\/span> arising out of the factual situation in connection with the conviction<\/span> for which the compensation was awarded, or has entered into a settlement<\/span> agreement with the Commonwealth or any political subdivision thereof arising out of such situation, the amount of the award in such action or such settlement<\/span> agreement, less any sums paid to attorneys or for costs in litigating such other civil action<\/span> or obtaining such settlement<\/span> agreement, shall be deducted from the sum of money to which the person<\/span> wrongfully incarcerated is entitled pursuant to § 8.01-195.11<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> As a condition of receiving any compensation under this article, a person<\/span> shall execute a release and waiver<\/span> forever releasing (i) the Commonwealth or any agency, instrumentality, officer, employee, or political subdivision thereof, (ii) any legal counsel<\/span> appointed pursuant to § 19.2-159<\/a>, and (iii) all other parties of interest, from any present or future claims the person<\/span> receiving compensation may have against such enumerated parties and arising out of the factual situation in connection with the conviction<\/span> for which compensation is being sought under this article. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONDITIONS FOR CONTINUED COMPENSATION (\u00a7 8.01-195.12)\n\nA. If, at the time of the award of compensation pursuant to § 8.01-195.11,\nthe person wrongfully incarcerated has previously won a monetary award against\nthe Commonwealth or any political subdivision thereof in a civil action arising\nout of the factual situation in connection with the conviction for which the\ncompensation was awarded, or has entered into a settlement agreement with the\nCommonwealth or any political subdivision thereof arising out of such situation,\nthe amount of the award in such action or such settlement agreement, less any\nsums paid to attorneys or for costs in litigating such other civil action or\nobtaining such settlement agreement, shall be deducted from the sum of money to\nwhich the person wrongfully incarcerated is entitled pursuant to §\n8.01-195.11.\n\nB. As a condition of receiving any compensation under this article, a person\nshall execute a release and waiver forever releasing (i) the Commonwealth or any\nagency, instrumentality, officer, employee, or political subdivision thereof,\n(ii) any legal counsel appointed pursuant to § 19.2-159, and (iii) all\nother parties of interest, from any present or future claims the person\nreceiving compensation may have against such enumerated parties and arising out\nof the factual situation in connection with the conviction for which\ncompensation is being sought under this article.\n\nHISTORY: 2004, cc. 818, 840; 2010, c. 557; 2024, c. 396.","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}}