{"law_id":"793054","section_number":"19.2-363","catch_line":"Authority of Governor to grant relief from fines and penalties","history":"Code 1950, \u00a7 19.1-352; 1960, c. 366; 1975, c. 495.","order_by":null,"metadata":false,"court_decisions":{},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/19.2-363\/","refers_to":[{"id":"769137","section_number":"19.2-368","catch_line":"Course of proceeding when relief asked of the Governor","url":"\/19.2-368\/"}],"url":"\/19.2-363\/","token":"19.2\/21\/6\/19.2-363","structure":{"1":{"id":"2469","name":"Relief From Fines And Penalties","identifier":"6","label":"article","url":"\/19.2\/21\/6\/"},"2":{"id":"692","name":"Recovery Of Fines And Penalties","identifier":"21","label":"chapter","url":"\/19.2\/21\/"},"3":{"id":"37","name":"Criminal Procedure","identifier":"19.2","label":"title","url":"\/19.2\/"}},"referred_to_by":false,"edition_id":"11","section_id":"793054","structure_id":"2469","full_text":"The Governor shall have power, in his discretion, to remit, in whole or in part, fines and penalties, in all cases of felony or misdemeanor, after conviction, whether paid into the state treasury or not, except when judgment shall have been rendered against any person for contempt of court, for nonperformance of or disobedience to some order, decree or judgment of such court, or when the fine or penalty has been imposed by the State Corporation Commission, or when the prosecution has been carried on by the House of Delegates. The Governor may, in his discretion, remit, refund or release, in whole or in part, any forfeited recognizance or any judgment rendered thereon, provided, in the opinion of the Governor, the evidence accompanying such application warrants the granting of the relief asked for. But the provisions of the three following sections and \u00a7 19.2-368 shall be complied with as a condition precedent to such action by the Governor; provided, that when the party against whom the fine or penalty has been imposed and judgment rendered therefor has departed this life leaving a spouse or children surviving, the Governor may remit such fine or penalty upon the certificate of the judge of the circuit court of the county or city wherein such fine or penalty was imposed and judgment rendered, that to enforce the same against the estate, real or personal, of the decedent, would impose hardship upon the spouse or children. In any case when the Governor remits, in whole or in part, a fine or penalty, if the same has been paid into the state treasury, on the order of the Governor such fine or penalty or so much thereof as is remitted shall be paid by the State Treasurer, on the warrant of the Comptroller, out of the fund into which the fine or penalty was paid.","text":{"0":{"id":"2559527","text":"The Governor shall have power, in his discretion, to remit, in whole or in part, fines and penalties, in all cases of felony or misdemeanor, after conviction, whether paid into the state treasury or not, except when judgment shall have been rendered against any person for contempt of court, for nonperformance of or disobedience to some order, decree or judgment of such court, or when the fine or penalty has been imposed by the State Corporation Commission, or when the prosecution has been carried on by the House of Delegates. The Governor may, in his discretion, remit, refund or release, in whole or in part, any forfeited recognizance or any judgment rendered thereon, provided, in the opinion of the Governor, the evidence accompanying such application warrants the granting of the relief asked for. But the provisions of the three following sections and \u00a7 19.2-368 shall be complied with as a condition precedent to such action by the Governor; provided, that when the party against whom the fine or penalty has been imposed and judgment rendered therefor has departed this life leaving a spouse or children surviving, the Governor may remit such fine or penalty upon the certificate of the judge of the circuit court of the county or city wherein such fine or penalty was imposed and judgment rendered, that to enforce the same against the estate, real or personal, of the decedent, would impose hardship upon the spouse or children. In any case when the Governor remits, in whole or in part, a fine or penalty, if the same has been paid into the state treasury, on the order of the Governor such fine or penalty or so much thereof as is remitted shall be paid by the State Treasurer, on the warrant of the Comptroller, out of the fund into which the fine or penalty was paid.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":{"1":{"id":"2469","name":"Relief From Fines And Penalties","identifier":"6","label":"article","url":"\/19.2\/21\/6\/"},"2":{"id":"692","name":"Recovery Of Fines And Penalties","identifier":"21","label":"chapter","url":"\/19.2\/21\/"},"3":{"id":"37","name":"Criminal Procedure","identifier":"19.2","label":"title","url":"\/19.2\/"}},"structure_contents":{"0":{"id":"771381","structure_id":"2469","section_number":"19.2-362","catch_line":"Court not to remit fine or penalty, other than fine for contempt, except as provided in \u00a7 19.2-358","url":"\/19.2-362\/","token":"19.2\/21\/6\/19.2-362"},"1":{"id":"793054","structure_id":"2469","section_number":"19.2-363","catch_line":"Authority of Governor to grant relief from fines and penalties","url":"\/19.2-363\/","token":"19.2\/21\/6\/19.2-363"},"2":{"id":"785520","structure_id":"2469","section_number":"19.2-364","catch_line":"Petition for relief; in what court filed; notice to attorney for Commonwealth","url":"\/19.2-364\/","token":"19.2\/21\/6\/19.2-364"},"3":{"id":"789711","structure_id":"2469","section_number":"19.2-365","catch_line":"Duties of attorney for Commonwealth upon filing of such petition","url":"\/19.2-365\/","token":"19.2\/21\/6\/19.2-365"},"4":{"id":"786324","structure_id":"2469","section_number":"19.2-366","catch_line":"Duty of court in which petition filed; certificate and opinion","url":"\/19.2-366\/","token":"19.2\/21\/6\/19.2-366"},"5":{"id":"780501","structure_id":"2469","section_number":"19.2-367","catch_line":"Proceedings to be according to common law","url":"\/19.2-367\/","token":"19.2\/21\/6\/19.2-367"},"6":{"id":"769137","structure_id":"2469","section_number":"19.2-368","catch_line":"Course of proceeding when relief asked of the Governor","url":"\/19.2-368\/","token":"19.2\/21\/6\/19.2-368"}},"previous_section":{"id":"771381","structure_id":"2469","section_number":"19.2-362","catch_line":"Court not to remit fine or penalty, other than fine for contempt, except as provided in \u00a7 19.2-358","url":"\/19.2-362\/","token":"19.2\/21\/6\/19.2-362"},"next_section":{"id":"785520","structure_id":"2469","section_number":"19.2-364","catch_line":"Petition for relief; in what court filed; notice to attorney for Commonwealth","url":"\/19.2-364\/","token":"19.2\/21\/6\/19.2-364"},"references":false,"formats":{"txt":"\/19.2-363.txt","json":"\/19.2-363.json","xml":"\/19.2-363.xml"},"dublin_core":{"Title":"Authority of Governor to grant relief from fines and penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-363","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nAUTHORITY OF GOVERNOR TO GRANT RELIEF FROM FINES AND PENALTIES (\u00a7 19.2-363)\n\nThe Governor shall have power, in his discretion, to remit, in whole or in part,\nfines and penalties, in all cases of felony or misdemeanor, after conviction,\nwhether paid into the state treasury or not, except when judgment shall have\nbeen rendered against any person for contempt of court, for nonperformance of or\ndisobedience to some order, decree or judgment of such court, or when the fine\nor penalty has been imposed by the State Corporation Commission, or when the\nprosecution has been carried on by the House of Delegates. The Governor may, in\nhis discretion, remit, refund or release, in whole or in part, any forfeited\nrecognizance or any judgment rendered thereon, provided, in the opinion of the\nGovernor, the evidence accompanying such application warrants the granting of\nthe relief asked for. But the provisions of the three following sections and \u00a7\n19.2-368 shall be complied with as a condition precedent to such action by the\nGovernor; provided, that when the party against whom the fine or penalty has\nbeen imposed and judgment rendered therefor has departed this life leaving a\nspouse or children surviving, the Governor may remit such fine or penalty upon\nthe certificate of the judge of the circuit court of the county or city wherein\nsuch fine or penalty was imposed and judgment rendered, that to enforce the same\nagainst the estate, real or personal, of the decedent, would impose hardship\nupon the spouse or children. In any case when the Governor remits, in whole or\nin part, a fine or penalty, if the same has been paid into the state treasury,\non the order of the Governor such fine or penalty or so much thereof as is\nremitted shall be paid by the State Treasurer, on the warrant of the\nComptroller, out of the fund into which the fine or penalty was paid.\n\nHISTORY: Code 1950, \u00a7 19.1-352; 1960, c. 366; 1975, c. 495."}