                                 CODE OF VIRGINIA

COMPENSATION FOR CERTAIN INTENTIONAL ACTS (§ 8.01-195.13)

A. 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 &#xA7;
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 &#xA7;
8.01-195.11, and the total compensation shall be paid pursuant to subsection B
of &#xA7; 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. 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 § 8.01-195.12.

   2. 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 &#xA7; 8.01-195.11 and this section.
   				b. 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.

HISTORY: 2018, cc. 502, 503; 2024, c. 396; 2025, c. 213.