ORDINANCE

AN ORDINANCE AMENDING SECTION 8-37 OF THE CODE OF FAUQUIER COUNTY RELATING TO FEES IN CRIMINAL AND TRAFFIC CASES

            WHERES, Section 8-37 of the Code of Fauquier County imposes a fee on all criminal and traffic cases to provide for courthouse maintenance; and

            WHEREAS, Section 53.1-120 of the Code of Virginia mandates that the Sheriff designate deputies to provide security for the courthouse and courtrooms to secure the same against violence and disruption; and

            WHEREAS, Section 53.1-120 was amended by the General Assembly effective July 1, 2002, to permit the County of Fauquier to assess a sum not in excess of $5.00 as part of costs in each criminal or traffic case to defray the cost of courthouse or courtroom security personnel; and

            WHEREAS, after due notice and public hearing, the Board of Supervisors has determined it to be in the best interest of Fauquier County to adopt the following Ordinance; now, therefore, be it

            ORDAINED, by the Fauquier County Board of Supervisors, this _____ day of __________, 2002, That Section 8-37 of the Code of Fauquier County be and is hereby amended to read as follows:

Section 8-37. Fees in for criminal, traffic cases.

a.      Fee for Courthouse Maintenance.

Pursuant to authority granted in Section 14-133.2 17.1-281 of the Code of Virginia, 1950, as amended, there is hereby imposed a fee of two dollars ($2.00) to be taxed as costs in each criminal or traffic case in the district and circuit courts for the County of Fauquier.   The clerks of the district and circuit courts for the county are directed to collect assessment and remit it to the treasurer for the county, to be held subject to disbursement by the board of supervisors for those purposes provided by Section 14.1-133.2 17.1-281 of the Code of Virginia.

b.      Fee for Courthouse Security Personnel.

Pursuant to authority granted in Section 53.1-120 of the Code of Virginia, as amended, there is hereby assessed a sum of Five Dollars ($5.00) as part of the costs in each criminal or traffic case in the district and circuit court of Fauquier County in which the defendant is convicted of a violation of any statute or ordinance. The assessment shall be collected by the clerk of the court in which the case is heard, remitted to the treasurer of the county, and shall be held by the treasurer subject to appropriation by the Board of Supervisors to the Sheriff's Office for the funding of courthouse security personnel.

and, be it

            FINALLY ORDAINED that this Ordinance shall be effective July 1, 2002.