                                 CODE OF VIRGINIA

ASSESSMENT FOR COURTHOUSE CONSTRUCTION, RENOVATION OR MAINTENANCE (§ 17.1-281)

A. Any county or city, through its governing body, may assess a sum not in
excess of two dollars as part of the costs in (i) each civil action filed in the
district or circuit courts located within its boundaries and (ii) each criminal
or traffic case in its district or circuit court in which the defendant is
charged with a violation of any statute or ordinance. If a town provides court
facilities for a county, the governing body of the county shall return to the
town a portion of the assessments collected based on the number of civil,
criminal and traffic cases originating and heard in the town.

B. The imposition of such assessment shall be by ordinance of the governing body
which may provide for different sums in circuit courts and district courts. The
assessment shall be collected by the clerk of the court in which the action is
filed, remitted to the treasurer of the appropriate county or city and held by
such treasurer subject to disbursements by the governing body for the
construction, renovation, or maintenance of courthouse or jail and court-related
facilities and to defray increases in the cost of heating, cooling, electricity,
and ordinary maintenance.

C. Any county or city which, on or after January 1, 2008, operated a courthouse
not in compliance with the current safety and security guidelines contained in
the Virginia Courthouse Facility Guidelines, as certified by the Department of
General Services upon application to the Department by the county or city, and
which cannot be feasibly renovated to correct such non-compliance, through its
governing body, may assess an additional sum not in excess of three dollars as
part of the costs in (i) each civil action filed in the district or circuit
courts located within its boundaries and (ii) each criminal or traffic case in
its district or circuit court in which the defendant is charged with a violation
of any statute or ordinance. Such additional fee assessed under this subsection
shall not be assessed in any civil action if the amount in controversy is $500
or less. Any locality which applies for certification from the Department under
this subsection shall reimburse the Department for the actual costs incurred by
the Department in complying with the certification request.

D. The imposition of such assessment shall be by ordinance of the governing
body, which may provide for different sums in circuit courts and district
courts. The assessment shall be collected by the clerk of the court in which the
action is filed, remitted to the treasurer of the appropriate county or city,
and held by such treasurer subject to disbursements by the governing body solely
for the construction, reconstruction, renovation of, or adaptive re-use of a
structure for a courthouse.

E. The assessments provided for herein shall be in addition to any other fees
prescribed by law. The assessments shall be required in each felony,
misdemeanor, or traffic infraction case, regardless of the existence of a local
ordinance requiring their payment.

HISTORY: 1990, c. 543, § 14.1-133.2; 1991, c. 689; 1992, cc. 698, 863; 1998, c.
872; 1999, c. 9; 2002, c. 831; 2009, cc. 814, 857.