{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-195.13.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-195.13.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-195.13.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-195.13.html"}],"law_id":63500,"edition_id":1,"section_id":63500,"structure_id":16098,"section_number":"8.01-195.13","catch_line":"Compensation for certain intentional acts","history":"2018, cc. 502, 503; 2024, c. 396; 2025, c. 213.","full_text":"A\n\nIn any matter resulting in compensation for wrongful incarceration pursuant to this article, if a court of competent jurisdiction over the matter determines, or the court record clearly demonstrates, that the Commonwealth or any agency, instrumentality, officer or employee, or political subdivision thereof (i) intentionally and wrongfully fabricated evidence that was used to obtain the wrongful conviction in such manner and (ii) intentionally, willfully, and continuously suppressed or withheld evidence establishing the innocence of the person wrongfully incarcerated, including suppression or withholding of evidence to the Governor for the purpose of clemency, the Commonwealth may compensate the person wrongfully incarcerated for such intentional acts. Such amount shall be in addition to any compensation awarded pursuant to § 8.01-195.11 and may be up to or equal to the amount of such compensation. The additional compensation shall be added to any amount awarded pursuant to § 8.01-195.11, and the total compensation shall be paid pursuant to subsection B of § 8.01-195.11. Nothing provided in this section shall be interpreted to supplant, revoke, or supersede any other provision of this article applicable to the award of compensation for wrongful incarceration, and the additional compensation shall be subject to any conditions set forth in this article.B\n\n1. Any compensation awarded pursuant to this article that includes the additional compensation for intentional acts as set forth in subsection A shall not become effective and payable by the Commonwealth unless and until the person wrongfully incarcerated executes the release and waiver pursuant to subsection B of \u00a7 8.01-195.12.2\n\na. In the event that (i) any compensation awarded pursuant to this article includes the additional compensation for intentional acts as set forth in subsection A; (ii) such award has become effective and payable by the Commonwealth pursuant to subdivision 1; and (iii) the instrumentality, or political subdivision thereof, employed any individual committing any of the intentional acts set forth in clauses (i) and (ii) of subsection A, then the person wrongfully incarcerated shall be compensated by such instrumentality, or political subdivision thereof, with a sum at least equal to the total compensation provided pursuant to § 8.01-195.11 and this section.\n\t\t\t\tb. If it is established to the satisfaction of the Governor that the instrumentality, or political subdivision thereof, fails to compensate the person wrongfully incarcerated pursuant to subdivision a, the Governor shall immediately make an order directing the Comptroller to withhold all further payment to the instrumentality, or political subdivision thereof, of all funds, or of any part of them, appropriated and payable by the Commonwealth to the instrumentality, or political subdivision thereof, for any and all purposes, until such compensation is paid to the person.","order_by":null,"text":{"0":{"id":231326,"text":"In any matter resulting in compensation for wrongful incarceration pursuant to this article, if a court of competent jurisdiction over the matter determines, or the court record clearly demonstrates, that the Commonwealth or any agency, instrumentality, officer or employee, or political subdivision thereof (i) intentionally and wrongfully fabricated evidence that was used to obtain the wrongful conviction in such manner and (ii) intentionally, willfully, and continuously suppressed or withheld evidence establishing the innocence of the person wrongfully incarcerated, including suppression or withholding of evidence to the Governor for the purpose of clemency, the Commonwealth may compensate the person wrongfully incarcerated for such intentional acts. Such amount shall be in addition to any compensation awarded pursuant to § 8.01-195.11 and may be up to or equal to the amount of such compensation. The additional compensation shall be added to any amount awarded pursuant to § 8.01-195.11, and the total compensation shall be paid pursuant to subsection B of § 8.01-195.11. Nothing provided in this section shall be interpreted to supplant, revoke, or supersede any other provision of this article applicable to the award of compensation for wrongful incarceration, and the additional compensation shall be subject to any conditions set forth in this article.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":231327,"text":"1. Any compensation awarded pursuant to this article that includes the additional compensation for intentional acts as set forth in subsection A shall not become effective and payable by the Commonwealth unless and until the person wrongfully incarcerated executes the release and waiver pursuant to subsection B of \u00a7 8.01-195.12.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B2"},"2":{"id":231328,"text":"a. In the event that (i) any compensation awarded pursuant to this article includes the additional compensation for intentional acts as set forth in subsection A; (ii) such award has become effective and payable by the Commonwealth pursuant to subdivision 1; and (iii) the instrumentality, or political subdivision thereof, employed any individual committing any of the intentional acts set forth in clauses (i) and (ii) of subsection A, then the person wrongfully incarcerated shall be compensated by such instrumentality, or political subdivision thereof, with a sum at least equal to the total compensation provided pursuant to § 8.01-195.11 and this section.\n\t\t\t\tb. If it is established to the satisfaction of the Governor that the instrumentality, or political subdivision thereof, fails to compensate the person wrongfully incarcerated pursuant to subdivision a, the Governor shall immediately make an order directing the Comptroller to withhold all further payment to the instrumentality, or political subdivision thereof, of all funds, or of any part of them, appropriated and payable by the Commonwealth to the instrumentality, or political subdivision thereof, for any and all purposes, until such compensation is paid to the person.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-195.13\/","history_text":"

This law was first created in 2018. The record of its establishment is cataloged in chapters 502<\/a> and 503<\/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 2024, chapter 396<\/a>; in 2025, chapter 213<\/a>.<\/p>","references":false,"refers_to":[{"id":75576,"section_number":"8.01-195.11","catch_line":"Compensation for wrongful incarceration","order_by":null,"url":"\/8.01-195.11\/"}],"permalink":{"id":280205,"object_type":"law","relational_id":63500,"identifier":"8.01-195.13","token":"8.01\/3\/18.2\/8.01-195.13","url":"\/8.01-195.13\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-195.13\/","token":"8.01\/3\/18.2\/8.01-195.13","dublin_core":{"Title":"Compensation for certain intentional acts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-195.13","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any matter resulting in compensation for wrongful incarceration pursuant to this article, if a court<\/span> of competent jurisdiction<\/span> over the matter determines, or the court<\/span> record clearly demonstrates, that the Commonwealth or any agency, instrumentality, officer or employee, or political subdivision thereof (i) intentionally and wrongfully fabricated evidence<\/span> that was used to obtain the wrongful conviction<\/span> in such manner and (ii) intentionally, willfully, and continuously suppressed or withheld evidence<\/span> establishing the innocence of the person<\/span> wrongfully incarcerated, including suppression or withholding of evidence<\/span> to the Governor for the purpose of clemency, the Commonwealth may compensate the person<\/span> wrongfully incarcerated for such intentional acts. Such amount shall be in addition to any compensation awarded pursuant to § 8.01-195.11<\/a> and may be up to or equal to the amount of such compensation. The additional compensation shall be added to any amount awarded pursuant to § 8.01-195.11<\/a>, and the total compensation shall be paid pursuant to subsection B of § 8.01-195.11<\/a>. Nothing provided in this section shall be interpreted to supplant, revoke, or supersede any other provision of this article applicable to the award of compensation for wrongful incarceration, and the additional compensation shall be subject to any conditions set forth in this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 1. Any compensation awarded pursuant to this article that includes the additional compensation for intentional acts as set forth in subsection A shall not become effective and payable by the Commonwealth unless and until the person<\/span> wrongfully incarcerated executes the release and waiver<\/span> pursuant to subsection B of \u00a7 8.01-195.12<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> a. In the event that (i) any compensation awarded pursuant to this article includes the additional compensation for intentional acts as set forth in subsection A; (ii) such award has become effective and payable by the Commonwealth pursuant to subdivision 1; and (iii) the instrumentality, or political subdivision thereof, employed any individual committing any of the intentional acts set forth in clauses (i) and (ii) of subsection A, then the person<\/span> wrongfully incarcerated shall be compensated by such instrumentality, or political subdivision thereof, with a sum at least equal to the total compensation provided pursuant to § 8.01-195.11<\/a> and this section.\n\t\t\t\tb. If it is established to the satisfaction of the Governor that the instrumentality, or political subdivision thereof, fails to compensate the person<\/span> wrongfully incarcerated pursuant to subdivision a, the Governor shall immediately make an order<\/span> directing the Comptroller to withhold all further payment to the instrumentality, or political subdivision thereof, of all funds, or of any part of them, appropriated and payable by the Commonwealth to the instrumentality, or political subdivision thereof, for any and all purposes, until such compensation is paid to the person<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMPENSATION FOR CERTAIN INTENTIONAL ACTS (\u00a7 8.01-195.13)\n\nA. In any matter resulting in compensation for wrongful incarceration pursuant\nto this article, if a court of competent jurisdiction over the matter\ndetermines, or the court record clearly demonstrates, that the Commonwealth or\nany agency, instrumentality, officer or employee, or political subdivision\nthereof (i) intentionally and wrongfully fabricated evidence that was used to\nobtain the wrongful conviction in such manner and (ii) intentionally, willfully,\nand continuously suppressed or withheld evidence establishing the innocence of\nthe person wrongfully incarcerated, including suppression or withholding of\nevidence to the Governor for the purpose of clemency, the Commonwealth may\ncompensate the person wrongfully incarcerated for such intentional acts. Such\namount shall be in addition to any compensation awarded pursuant to §\n8.01-195.11 and may be up to or equal to the amount of such compensation. The\nadditional compensation shall be added to any amount awarded pursuant to §\n8.01-195.11, and the total compensation shall be paid pursuant to subsection B\nof § 8.01-195.11. Nothing provided in this section shall be interpreted to\nsupplant, revoke, or supersede any other provision of this article applicable to\nthe award of compensation for wrongful incarceration, and the additional\ncompensation shall be subject to any conditions set forth in this article.\n\nB. 1. Any compensation awarded pursuant to this article that includes the\nadditional compensation for intentional acts as set forth in subsection A shall\nnot become effective and payable by the Commonwealth unless and until the person\nwrongfully incarcerated executes the release and waiver pursuant to subsection B\nof \u00a7 8.01-195.12.\n\n 2. a. In the event that (i) any compensation awarded pursuant to this article\n includes the additional compensation for intentional acts as set forth in\n subsection A; (ii) such award has become effective and payable by the\n Commonwealth pursuant to subdivision 1; and (iii) the instrumentality, or\n political subdivision thereof, employed any individual committing any of the\n intentional acts set forth in clauses (i) and (ii) of subsection A, then the\n person wrongfully incarcerated shall be compensated by such instrumentality,\n or political subdivision thereof, with a sum at least equal to the total\n compensation provided pursuant to § 8.01-195.11 and this section.\n \t\t\t\tb. If it is established to the satisfaction of the Governor that the\n instrumentality, or political subdivision thereof, fails to compensate the\n person wrongfully incarcerated pursuant to subdivision a, the Governor shall\n immediately make an order directing the Comptroller to withhold all further\n payment to the instrumentality, or political subdivision thereof, of all\n funds, or of any part of them, appropriated and payable by the Commonwealth to\n the instrumentality, or political subdivision thereof, for any and all\n purposes, until such compensation is paid to the person.\n\nHISTORY: 2018, cc. 502, 503; 2024, c. 396; 2025, c. 213.","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}}