{"law_id":"769137","section_number":"19.2-368","catch_line":"Course of proceeding when relief asked of the Governor","history":"Code 1950, \u00a7 19.1-357; 1960, c. 366; 1975, c. 495.","order_by":null,"metadata":false,"court_decisions":{"0":{"name":"Ohree v. Com.","case_number":"2112952","citation":"494 S.E.2d 484","date":"1998-01-13","url":"https:\/\/www.courtlistener.com\/opinion\/1067172\/ohree-v-com\/","abstract":" .\u202f.\u202f. death as a result of criminal acts.\" Code \u00a7 19.2-368.1. Although Ohree was convicted of no crime .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"1":{"name":"Marchand v. DIV. OF CRIME VICTIMS'COMP.","case_number":"Record No. 841287","citation":"339 S.E.2d 175","date":"1986-01-17","url":"https:\/\/www.courtlistener.com\/opinion\/1250966\/marchand-v-div-of-crime-victimscomp\/","abstract":" .\u202f.\u202f. reconcile the provisions of \u00a7\u00a7 19.2-368.11 and 19.2-368.13. To interpret \u00a7 19.2-368.13 as the .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"2":{"name":"Jennings v. DIV. OF CRIME VICTIMS'COMP.","case_number":"Record No. 0304-87-2","citation":"365 S.E.2d 241","date":"1988-02-16","url":"https:\/\/www.courtlistener.com\/opinion\/1218234\/jennings-v-div-of-crime-victimscomp\/","abstract":" .\u202f.\u202f. review. Code \u00a7 19.2-368.5 to .9. The statute next details when awards are to be made, \u00a7 .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"3":{"name":" .\u202f.\u202f. Joan F. Cabell, Administratrix of the Estate of Charles .\u202f.\u202f. ","case_number":"86-2509","citation":"810 F.2d 463","date":"1987-02-05","url":"https:\/\/www.courtlistener.com\/opinion\/482499\/joan-f-cabell-administratrix-of-the-estate-of-charles-leslie-fitz\/","abstract":" .\u202f.\u202f. of crime. .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"4":{"name":"Alger v. Com.","case_number":"Record No. 0404-93-4","citation":"450 S.E.2d 765","date":"1994-11-22","url":"https:\/\/www.courtlistener.com\/opinion\/1305595\/alger-v-com\/","abstract":" .\u202f.\u202f. victims of crimes pursuant to Chapter 21.1 (\u00a7 19.2-368.1 et seq.) of this title. .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"5":{"name":"Banks v. Sellers","case_number":"Record No. 791850","citation":"294 S.E.2d 862","date":"1982-09-09","url":"https:\/\/www.courtlistener.com\/opinion\/1321636\/banks-v-sellers\/","abstract":" .\u202f.\u202f. statute compensating victims of crime, Code \u00a7\u00a7 19.2-368.1 to -368.18 (Supp. 1982) which does not .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"6":{"name":"United States v. Robertson","case_number":"Crim. No. 86-35-N","citation":"638 F. Supp. 1202","date":"1986-07-14","url":"https:\/\/www.courtlistener.com\/opinion\/1490425\/united-states-v-robertson\/","abstract":" .\u202f.\u202f. 605, at 759-64 (codified at Va. Code \u00a7\u00a7 19.2-368.1 to 19.2-368.18 (Virginia's statutory scheme .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"},"7":{"name":"Conkling v. Com.","case_number":"1917041","citation":"612 S.E.2d 235","date":"2005-05-03","url":"https:\/\/www.courtlistener.com\/opinion\/1063525\/conkling-v-com\/","abstract":" .\u202f.\u202f. subject juvenile to additional court costs under \u00a7 19.2-368.18), and at 322, 76-77 Va. AG 322 .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"8":{"name":"Eastlack v. Com.","case_number":"100650","citation":"710 S.E.2d 723","date":"2011-06-09","url":"https:\/\/www.courtlistener.com\/opinion\/1058020\/eastlack-v-com\/","abstract":" .\u202f.\u202f. granted permission in a judicial proceeding. Code \u00a7 19.2-368.20 provides that any proceeds or .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"9":{"name":"Lord v. State Farm Mut. Auto. Ins. Co.","case_number":"Record No. 800158","citation":"295 S.E.2d 796","date":"1982-10-15","url":"https:\/\/www.courtlistener.com\/opinion\/1342224\/lord-v-state-farm-mut-auto-ins-co\/","abstract":" .\u202f.\u202f. time up to two years for good cause shown. Code \u00a7 19.2-368.5(B). .\u202f.\u202f. ","court_html":"SCV<\/abbr>"}},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/19.2-368\/","refers_to":[{"id":"785520","section_number":"19.2-364","catch_line":"Petition for relief; in what court filed; notice to attorney for Commonwealth","url":"\/19.2-364\/"},{"id":"789711","section_number":"19.2-365","catch_line":"Duties of attorney for Commonwealth upon filing of such petition","url":"\/19.2-365\/"},{"id":"786324","section_number":"19.2-366","catch_line":"Duty of court in which petition filed; certificate and opinion","url":"\/19.2-366\/"}],"url":"\/19.2-368\/","token":"19.2\/21\/6\/19.2-368","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":"769137","structure_id":"2469","full_text":"Whenever application shall be made to the Governor by or on behalf of any person desiring to be relieved, in whole or in part, of any such fine or penalty, the petition, answer, certificate of facts, and opinion of the court provided for in \u00a7\u00a7 19.2-364, 19.2-365 and 19.2-366, duly authenticated by the clerk of the court, shall accompany the application, which shall be in writing. In all cases in which the Governor shall remit a fine or penalty he shall issue his order to the clerk of the court by which such fine or penalty was imposed; or if such fine or penalty was imposed by a court not of record, to the clerk of the circuit court of the county or city in which the judge of such court not of record holds office, and such court shall, at its next term, or immediately, if then in session, cause such order to be spread upon the law order book of its court; and the clerk of such court shall immediately, upon the receipt of such order, mark the judgment for such fine or penalty, and costs, or so much thereof as the person may have been relieved of, “remitted by the Governor,” upon the Judgment Lien Docket of the court of the county or city in which it may have been recorded. The Governor shall communicate to the General Assembly at each session the particulars of every case of fine or penalty remitted, with his reason for remitting the same.","text":{"0":{"id":"2479189","text":"Whenever application shall be made to the Governor by or on behalf of any person desiring to be relieved, in whole or in part, of any such fine or penalty, the petition, answer, certificate of facts, and opinion of the court provided for in \u00a7\u00a7 19.2-364, 19.2-365 and 19.2-366, duly authenticated by the clerk of the court, shall accompany the application, which shall be in writing. In all cases in which the Governor shall remit a fine or penalty he shall issue his order to the clerk of the court by which such fine or penalty was imposed; or if such fine or penalty was imposed by a court not of record, to the clerk of the circuit court of the county or city in which the judge of such court not of record holds office, and such court shall, at its next term, or immediately, if then in session, cause such order to be spread upon the law order book of its court; and the clerk of such court shall immediately, upon the receipt of such order, mark the judgment for such fine or penalty, and costs, or so much thereof as the person may have been relieved of, “remitted by the Governor,” upon the Judgment Lien Docket of the court of the county or city in which it may have been recorded. The Governor shall communicate to the General Assembly at each session the particulars of every case of fine or penalty remitted, with his reason for remitting the same.","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":"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"},"references":[{"id":"793054","section_number":"19.2-363","catch_line":"Authority of Governor to grant relief from fines and penalties","url":"\/19.2-363\/"}],"formats":{"txt":"\/19.2-368.txt","json":"\/19.2-368.json","xml":"\/19.2-368.xml"},"dublin_core":{"Title":"Course of proceeding when relief asked of the Governor","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-368","Relation":"Code of Virginia"},"plain_text":" CODE OF VIRGINIA\n\nCOURSE OF PROCEEDING WHEN RELIEF ASKED OF THE GOVERNOR (\u00a7 19.2-368)\n\nWhenever application shall be made to the Governor by or on behalf of any person\ndesiring to be relieved, in whole or in part, of any such fine or penalty, the\npetition, answer, certificate of facts, and opinion of the court provided for in\n\u00a7\u00a7 19.2-364, 19.2-365 and 19.2-366, duly authenticated by the clerk of the\ncourt, shall accompany the application, which shall be in writing. In all cases\nin which the Governor shall remit a fine or penalty he shall issue his order to\nthe clerk of the court by which such fine or penalty was imposed; or if such\nfine or penalty was imposed by a court not of record, to the clerk of the\ncircuit court of the county or city in which the judge of such court not of\nrecord holds office, and such court shall, at its next term, or immediately, if\nthen in session, cause such order to be spread upon the law order book of its\ncourt; and the clerk of such court shall immediately, upon the receipt of such\norder, mark the judgment for such fine or penalty, and costs, or so much thereof\nas the person may have been relieved of, “remitted by the Governor,”\nupon the Judgment Lien Docket of the court of the county or city in which it may\nhave been recorded. The Governor shall communicate to the General Assembly at\neach session the particulars of every case of fine or penalty remitted, with his\nreason for remitting the same.\n\nHISTORY: Code 1950, \u00a7 19.1-357; 1960, c. 366; 1975, c. 495."}