                                 CODE OF VIRGINIA

AUTHORITY OF GOVERNOR TO GRANT RELIEF FROM FINES AND PENALTIES (§ 19.2-363)

The Governor shall have power, in his discretion, to remit, in whole or in part,
fines and penalties, in all cases of felony or misdemeanor, after conviction,
whether paid into the state treasury or not, except when judgment shall have
been rendered against any person for contempt of court, for nonperformance of or
disobedience to some order, decree or judgment of such court, or when the fine
or penalty has been imposed by the State Corporation Commission, or when the
prosecution has been carried on by the House of Delegates. The Governor may, in
his discretion, remit, refund or release, in whole or in part, any forfeited
recognizance or any judgment rendered thereon, provided, in the opinion of the
Governor, the evidence accompanying such application warrants the granting of
the relief asked for. But the provisions of the three following sections and §
19.2-368 shall be complied with as a condition precedent to such action by the
Governor; provided, that when the party against whom the fine or penalty has
been imposed and judgment rendered therefor has departed this life leaving a
spouse or children surviving, the Governor may remit such fine or penalty upon
the certificate of the judge of the circuit court of the county or city wherein
such fine or penalty was imposed and judgment rendered, that to enforce the same
against the estate, real or personal, of the decedent, would impose hardship
upon the spouse or children. In any case when the Governor remits, in whole or
in part, a fine or penalty, if the same has been paid into the state treasury,
on the order of the Governor such fine or penalty or so much thereof as is
remitted shall be paid by the State Treasurer, on the warrant of the
Comptroller, out of the fund into which the fine or penalty was paid.

HISTORY: Code 1950, § 19.1-352; 1960, c. 366; 1975, c. 495.