SB 803 Virginia Senate · 2021 Regular Session

Attorneys for the Commonwealth; compensation and collection of fees.

Summary
Attorneys for the Commonwealth; compensation and collection of fees. Prohibits the Compensation Board, when determining staffing and funding levels for offices of attorneys for the Commonwealth, from (i) considering the number of charges brought or the number of convictions obtained by such attorney for the Commonwealth; (ii) relying on standards devised or recommended by the attorney for the Commonwealth, law-enforcement agencies, or professional associations representing attorneys for the Commonwealth or law-enforcement officers; or (iii) using measures that increase if an attorney for the Commonwealth (a) elects to prosecute a more serious charge, (b) elects to prosecute additional charges from a single arrest or criminal incident, (c) obtains convictions rather than dismissing charges or offering reduced charges, or (d) proceeds with prosecution rather than diversion. The bill also requires attorneys for the Commonwealth to pay all fees collected by them in consideration of the performance of official duties or functions into the state treasury, instead of only half of such fees. The bill requires the State Treasurer to pay to the treasuries of the respective counties and cities of the attorneys for the Commonwealth a proportion of half of all such fees collected by all attorneys for the Commonwealth, as determined by each county or city's crime rate, criminal incident rate, or arrest rate. Finally, the bill changes the fees collected by attorneys for the Commonwealth on trials of felony indictments from $40 on each count to $120 for each trial of a Class 1 or Class 2 felony indictment, or other felony that carries a possible penalty of life in prison, except robbery, and $40 for each trial on robbery and all other felony indictments regardless of the number of counts. The bill contains technical amendments.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2020
Committee Review
Floor Vote
Governor
Introduced Jan 8, 2020 Last action Dec 4, 2020
Floor votes

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Full legislative history

Actions timeline

Total actions
8
Key actions
0
Committee
4
Jan 24, 2020
Committee
Assigned Judiciary sub: Criminal Law
upper
Jan 20, 2020
Committee
Rereferred to Judiciary
upper
Jan 20, 2020
Committee
Rereferred from Local Government (15-Y 0-N)
upper
Jan 8, 2020
Committee
Referred to Committee on Local Government
upper
Jan 8, 2020
Introduced
Prefiled and ordered printed; offered 01/08/20 20103175D
upper
1 primary · 2 co-sponsors

Sponsors