                                 CODE OF VIRGINIA

AMOUNT OF RESTITUTION; ENFORCEMENT (§ 19.2-305.2)

A. The court, when ordering restitution pursuant to &#xA7; 19.2-305.1, may
require that such defendant, in the case of an offense resulting in damage to or
loss or destruction of property of a victim of the offense, (i) return the
property to the owner or (ii) if return of the property is impractical or
impossible, pay an amount equal to the greater of the value of the property at
the time of the offense or the value of the property at the time of sentencing.

B. An order of restitution shall be docketed, in the name of the Commonwealth,
or a locality if applicable, on behalf of the victim, as provided in &#xA7;
8.01-446 when so ordered by the court, unless the victim named in the order of
restitution requests in writing that the order be docketed in the name of the
victim. An order of restitution docketed in the name of the victim shall be
enforced by the victim as a civil judgment. The clerk shall record and disburse
restitution payments as provided in subsection D of &#xA7; 19.2-305.1 and
subsection A of &#xA7; 19.2-354 in accordance with orders of restitution or
judgments for restitution docketed in the name of the Commonwealth or a
locality. At any time before a judgment for restitution docketed in the name of
the Commonwealth or a locality is satisfied, the court shall, at the written
request of the victim, order the circuit court clerk to execute and docket an
assignment of the judgment to the victim. The circuit court clerk shall remove
from its automated financial system the amount of unpaid restitution upon
docketing the assignment. If a judge of a district court orders the circuit
court clerk to execute and docket an assignment of the judgment to the victim,
the district court clerk shall remove from its automated financial system the
amount of unpaid restitution upon sending the order to the circuit court clerk.
If the victim requests that the order of restitution be docketed in the name of
the victim or that a judgment for restitution previously docketed in the name of
the Commonwealth or a locality be assigned to the victim, the victim shall
provide to the court an address where the defendant can mail payment for the
amount due and such address shall not be confidential. When a judgment for
restitution previously docketed in the name of the Commonwealth or a locality is
ordered to be assigned to the victim, the court shall provide notice of such
order to the defendant at the defendant&#8217;s last known address and shall
include the mailing address provided by the victim. Enforcement by a victim of
any order of restitution docketed as provided in &#xA7; 8.01-446 is not subject
to any statute of limitations. Such docketing shall not be construed to prohibit
the court from exercising any authority otherwise available to enforce the order
of restitution.

HISTORY: 1988, c. 679; 1989, c. 386; 2017, cc. 786, 814; 2018, c. 736; 2021, Sp.
Sess. I, cc. 190, 393.