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 § 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.
Code 1950, § 19.1-352; 1960, c. 366; 1975, c. 495.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 21 - Recovery of Fines and Penalties
§ 19.2-339. Word "fine" construed
§ 19.2-340. Fines; how recovered; in what name
§ 19.2-340.1. Disposition of fines in criminal cases
§ 19.2-341. Penalties other than fines; how recovered; in what name; limitation of actions
§ 19.2-342. Where and in what court proceeding to be
§ 19.2-348. Attorneys for Commonwealth or clerks to superintend issue of executions, etc.
§ 19.2-350. When sheriff not to receive fines
§ 19.2-351. How fines disposed of; informer
§ 19.2-352. Officers to pay fines to clerks; default; forfeiture, etc.
§ 19.2-353. Certain fines paid into Literary Fund
§ 19.2-353.1. Fieri facias and proceedings thereon
§ 19.2-353.3. Acceptance of checks and credit or debit cards in lieu of money; additional fee
§ 19.2-353.5. Interest on fines and costs
§ 19.2-354.1. Deferred or installment payment agreements
§ 19.2-355. Petition of defendant
§ 19.2-356. Payment of fine or costs as condition of probation or suspension of sentence
§ 19.2-357. Requiring that defendant be of peace and good behavior until fine and costs are paid
§ 19.2-359. Official receipts to be given for fines
§ 19.2-360. Forms of receipts; distribution; record of disposition
§ 19.2-361. Misuse, misappropriation or willful failure to account for fines is embezzlement
§ 19.2-363. Authority of Governor to grant relief from fines and penalties
§ 19.2-364. Petition for relief; in what court filed; notice to attorney for Commonwealth
§ 19.2-365. Duties of attorney for Commonwealth upon filing of such petition
§ 19.2-366. Duty of court in which petition filed; certificate and opinion
§ 19.2-367. Proceedings to be according to common law
§ 19.2-368. Course of proceeding when relief asked of the Governor