In circuit court, upon (i) conviction of any and each misdemeanor, not originally charged as a felony; (ii) a deferred disposition of proceedings in the case of any and each misdemeanor not originally charged as a felony and deferred pursuant to the terms and conditions of § 4.1-305, 16.1-278.8, 16.1-278.9, 18.2-57.3, 19.2-298.02, 19.2-303.2, or 19.2-303.6; (iii) any and each conviction of a traffic infraction or referral to a driver improvement clinic or traffic school in lieu of a finding of guilt for a traffic infraction; or (iv) proof of compliance with law under §§ 46.2-104 and 46.2-1158.02, there shall be assessed as court costs a fee of $80, to be known as the fixed misdemeanor fee. However, this section shall not apply to those proceedings provided for in § 17.1-275.8. This fee shall be in addition to any fee assessed in the district court.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

The amount collected, in whole or in part, for the fixed misdemeanor fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:

1. Sentencing/supervision fee (General Fund) (.0125000);

2. Witness expenses/expert witness fee (General Fund)(.0250000);

3. Virginia Crime Victim-Witness Fund (.0375000);

4. Intensified Drug Enforcement Jurisdiction Fund (.0500000);

5. Criminal Injuries Compensation Fund (.2500000);

6. Commonwealth’s Attorney Fund (state share) (.0937500);

7. Commonwealth’s Attorney Fund (local share) (.0937500);

8. Regional Criminal Justice Academy Training Fund (.0125000);

9. Warrant fee, as prescribed by § 17.1-272 (.1500000);

10. Courthouse Construction/Maintenance Fund (.0250000); and

11. Clerk of the circuit court (.2500000).

2002, c. 831; 2003, c. 1039; 2005, c. 631; 2009, c. 756; 2011, cc. 283, 565; 2020, c. 1004; 2020, Sp. Sess. I, c. 21.