                                 CODE OF VIRGINIA

DISTRIBUTION (§ 19.2-368.21)

A. Proceeds paid to the Division under &#xA7; 19.2-368.20 shall be retained in
escrow in the Criminal Injuries Compensation Fund for five years after the date
of the order, but during that five-year period may be levied upon to satisfy a
money judgment rendered by a court or award of the Workers&#8217; Compensation
Commission in favor of a victim of an offense for which the defendant has been
convicted or acquitted by reason of insanity, or a legal representative of the
victim.

B. If ordered by a circuit court in the interest of justice, after motion,
notice to all interested parties, and opportunity for hearing, such escrow fund
shall be used to:

   1. First, satisfy court ordered restitution against a defendant and in favor
   of a victim;

   2. Satisfy a money judgment rendered in the court hearing the matter, in favor
   of a victim of any offense for which the defendant has been convicted;

   3. Pay for legal representation of the defendant in criminal proceedings,
   including the appeals process, to the extent the defendant&#8217;s
   representation was paid for by the Commonwealth or an agency thereof. No more
   than 25% of the total proceeds in escrow may be used for legal representation;
   and

   4. Pay any fines or costs assessed against the defendant by a court of the
   Commonwealth.

C. At the end of the five-year period, the remaining proceeds shall be paid into
the Literary Fund. However, (i) if a civil action under this section is pending
against the defendant, the proceeds shall be held in escrow until completion of
the action or (ii) if the defendant has appealed his conviction and the appeals
process is not final, the proceeds shall be held in escrow until the appeals
process is final, and upon disposition of the charges favorable to the
defendant, the Division shall immediately pay any money in the escrow account to
the defendant.

HISTORY: 1990, c. 549; 1992, c. 681; 2006, c. 414.