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2003 Session

Budget Bill - HB1400 (Chapter 1042)

Juvenile and Domestic Relations District Courts

Item 34

Item 34

First Year - FY2003Second Year - FY2004
Pre-Trial, Trial, and Appellate Processes (32100)$52,694,933
$54,298,583
$52,694,933
$54,467,738
Trial Processes (32103)FY2003 $40,649,908
$40,253,558
FY2004 $40,649,908
$40,422,713
Other Court Costs and Allowances (Criminal Fund) (32104)FY2003 $11,580,225
$13,580,225
FY2004 $11,580,225
$13,580,225
Involuntary Mental Commitments (32105)FY2003 $464,800FY2004 $464,800
Fund Sources:  
GeneralFY2003 $52,694,933
$54,298,583
FY2004 $52,694,933
$54,467,738

Authority: Article VI, Section 8, Constitution of Virginia; §§ 16.1-69.1 through 16.1-69.58, 16.1-226 through 16.1-334, 19.2-163 and 37.1-67.1 et seq., Code of Virginia.


A. Out of the amounts for Pre-Trial, Trial and Appellate Processes shall be paid:


1. The annual salaries of all full-time Juvenile and Domestic Relations District Court Judges, $110,723 from July 1, 2002, to November 24, 2002, $110,723 from November 25, 2002, to November 24, 2003, and $110,723 $113,216 from November 25, 2003, to June 30, 2004. Such salary shall be 90 percent of the annual salary fixed by law for judges of the Circuit Courts and shall represent the total compensation for Juvenile and Domestic Relations District Court Judges.


2. The salaries of substitute judges and court personnel.


B. There is hereby reappropriated the unexpended balances remaining at the close of business on June 30, 2002, in the appropriation made in Item 32, Chapter 1073, Acts of Assembly of 2000, in the subprograms Other Court Costs and Allowances (Criminal Fund) and Involuntary Mental Commitments and the balances remaining in these subprograms on June 30, 2003.


C. Any balance, or portion thereof, in the subprogram Involuntary Mental Commitments, may be transferred between Items 33, 34, 35, and 323, as needed, to cover any deficits incurred for Involuntary Mental Commitments by the Supreme Court or the Department of Medical Assistance Services.


D. The appropriation in this Item for Other Court Costs and Allowances shall be used to implement the provisions of § 8.01-384.1:1, Code of Virginia.


E. The Effective July 1, 2002 through June 30, 2003, the processing fee assessed by the courts in accordance with the provisions of § 16.1-69.48:1, Code of Virginia, and collected for deposit into the general fund shall be $12 higher than the amount in effect on January 1, 2002, of such fee collected for the general fund. The Effective May 1, 2003, the amount of any fee collected for the Intensified Drug Enforcement Jurisdiction Fund shall be two four dollars. If Senate Bill 150 of the 2002 Session of the General Assembly is enacted into law, theExecutive Secretary of the Supreme Court may adjust the distribution formula set out in § 16.1-69.48:1 to distribute the remainder of the fee collected.To reflect this latter fee, effective May 1, 2003, the fixed fee set out in § 16.1-69.48:1, Code of Virginia, is increased by two dollars and the Executive Secretary of the Supreme Court shall adjust the distribution formula set out in that section accordingly.


F. Notwithstanding the provisions of § 16.1-69.48:2, Code of Virginia, the fee for filing civil actions shall be $16.


G. Notwithstanding any other provision of law, when a Guardian ad Litem is appointed for a child by the Commonwealth, the juvenile and domestic relations district court or the circuit court, as the case may be, shall order the parent or parents of the child to reimburse the Commonwealth the costs of such services in an amount not to exceed the amount awarded the Guardian ad Litem by the court. If the court determines the parents are unable to pay, the required reimbursement may be reduced or eliminated. In addition, it is the intent of the General Assembly that the Supreme Court actively administer the Guardian ad Litem program to ensure that payments made to Guardians ad Litem do not exceed that which is required. The Executive Secretary of the Supreme Court shall report August 1 and January 1 of each year to the Chairmen of the House Appropriations and Senate Finance Committees on the amounts paid for Guardian ad Litem purposes, amounts reimbursed by parents and/or guardians, savings achieved, and management actions taken to further enhance savings under this program.


H. In addition to the fees provided for by § 16.1-69.48:1, Code of Virginia, the juvenile and domestic relations district courts, upon conviction of any and each charge of a violation of §§ 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-268.3, 46.2-341.24, or 46.2-341.26:3, Code of Virginia, or any similar local ordinance, shall impose a fee of $100, effective May 1, 2003.