CHAPTER 225

An Act to amend and reenact §§ 14.1-44, 16.1-1238, and 16.1-124 and 16.1-
158 as amended of the Code of Virginia, relating to disposition of fees
and fines in courts not of record and jurisdiction of such courts; and
to amend the Code of Virginia by adding a section numbered 17-82.1,
establishing the jurisdiction of certain courts as to certain proceed-

ings.
[H 547]
Approved March 13, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 14.1-44, 16.1-123 and 16.1-124 and 16.1-158 as amended of
the Code of Virginia be amended and reenacted, and that the Code of
Virginia be amended by adding a section numbered 17.1-32.1 as follows:

§ 14.1-44. Disposition of fees and fines.—AlIl fees paid to and col-
lected by a judge, substitute judge, clerk, deputy clerk or a substitute
clerk of a county or municipal court, but not including fees belonging
to officers other than the judge, his clerk or clerks, shall be paid promptly
to the clerk of the circuit court, who shall pay same into the State treasury.
If a fee is collected for services of the attorney for the Commonwealth,
one-half of such fee shall be paid into the treasury of the county or city
in which the offense for which warrant issued was committed, and the
other one-half of the fees collected for the services of the attorney for
the Commonwealth shall be paid promptly to the clerk of the circuit court,
who shall pay same into the State treasury. Fines collected for violations
of city, town or county ordinances shall be paid promptly into the treasury
of the city, town or county whose ordinance has been violated. Fines
collected for violations of Service District ordinances shall be paid
promptly into the treasury of the Service District. All fines collected for
violations of the laws of the Commonwealth shall be paid promptly to the
clerk of the circuit court, who shall pay the same into the State treasury.
h § 16.1-123. J urisdiction of county courts.—Each county court shall

ave:

(1) Exclusive original jurisdiction of all offenses against the ordi-
nances, laws and bylaws of the county for which it is established and,
except as otherwise provided herein, of the towns therein ;

(2) Except as herein otherwise provided, exclusive original juris-
diction within such county and the towns therein for the trial of all other
misdemeanors arising therein ;

(3) Exclusive original jurisdiction within any city lying within the
county, if no court of general criminal jurisdiction has been provided for
such city by charter or under general law, for the trial of all misdemeanors
arising therein except offenses against the ordinances of the city;
(8a) Exclusive original jurisdiction of all offenses occurring withir
the county for which it is established against the ordinances, law:
and bylaws of a Service District within which such county is situ.
ated. All offenses against ordinances of a Service District shall be prose.
cuted in the name of such Service District.

(4) Such further jurisdiction, exclusive or concurrent, as may be
conferred upon such court by law.

Nothing herein shall be held to take away the jurisdiction conferrec
upon juvenile and domestic relations courts by Chapter 8 (§ 16.1-139 et
seq.) of this title.

§ 16.1-124. Jurisdiction of municipal courts.—Each municipal court
having jurisdiction of criminal matters shall have:

Exclusive original jurisdiction within the city or town for which
it is created, and, except as otherwise provided by general law or by its
charter, within the area extending for one mile beyond the corporate
limits thereof, for the trial of all offenses against the ordinances, laws and
bylaws of the city or town committed within such city or town;

(2) If a municipal court of a city, concurrent jurisdiction with the
corporation court of the city in all cases of violation of the revenue and
election laws of the State, and of all offenses arising under the provisions
of Chapter 7 (§ 18.1-314 et seq.) of Title 18.1;

(3) Except when it is otherwise specifically provided, exclusive
original jurisdiction within the corporate limits for the trial of all other
misdemeanors arising therein;

(8a) Exclusive original jurisdiction of all offenses occurring within
the municipality for which it ig established against the ordinances, laws
and bylaws of a Service District within which such municipality is situ-
ated. All offenses against ordinances of a Service District shall be prose-
cuted in the name of such Service District.

(4) Such other jurisdiction, exclusive or concurrent, as may be
ponterred upon it by general law, or by the provisions of its municipal
charter.

§ 16.1-158. Jurisdiction—The judges of the juvenile court elected
or appointed under this law shall be conservators of the peace within the
corporate limits of the cities and the boundaries of the counties for which
they are respectively chosen and within one mile beyond the corporate
limits of such cities. Except as hereinafter provided, each juvenile and
domestic relations court shal] have, within the limits of the territory for
which it is created, exclusive original jurisdiction, and within one mile
beyond the corporate limits of said city, concurrent jurisdiction with the
juvenile court or courts of the adjoining county or counties over all cases,
matters and proceedings involving:

(1) The custody, support, control or disposition of a child:

(a) whose parent or other person legally responsible for the care
and support of such child is unable, or neglects or refuses when able so to
lo, provide proper or necessary support, education as required by law, or
nedical, surgical or other care necessary for his well being;

(b) who is without proper parental care, custody or guardianship;

(c) who is abandoned by his parent or other custodian;

(d) whose parent or parents or custodian for good cause desire to
ye relieved of his care and custody;

(e) whose custody or support is a subject of controversy, provided,
10owever, that in such cases jurisdiction shall be concurrent with and not
xclusive of courts having equity jurisdiction, as provided in § 16.1-161
1ereof ;

(f{) whose occupation, behavior, environment, condition, association,
1ibits or practices are injuricus to his welfare;

(g) who deserts or is a fugitive from his home, or who is habitually
disobedient or beyond the control of his parents or other custodian, or is
incorrigible ;

(h) who being required by law or his parents or custodian to attend
school is a willful and habitual truant therefrom ;

(i) who violates any State or federal law, or any municipal or county
ordinance; provided, however, that in violations of federal law jurisdiction
in such cases shall be concurrent and shall be assumed only if waived by
the federal court;

(j) whose condition or situation is alleged to be such that his welfare
demands adjudication as to his disposition, control and custody, provided
that jurisdiction in such cases shall be concurrent with and not exclusive
of that of courts having equity jurisdiction, as provided in § 16.1-161

ereof.

(k) Who violates within the county or municipality for which it 18
established any ordinance of a Service District, within which such county
or municipality is situated.

The commitment of a mentally defective or mentally disordered
child who is within the purview of this law. Such commitment shall be in
accordance with the provisions of Chapters 3 (§ 37-61 et seq.), 6 (§ 37-154
et seq.) and 7 (§ 37-176 et seq.) of Title 37 of the Code.

(3) Judicial consent to the marriage of a child or minor, or for his
enlistment in the armed forces, or for surgical or medical treatment for
a child, who has been separated from his parents or guardian and is in the
custody of the court when such consent is required by law.

(4) A minor who is charged with having violated, prior to the time
he became eighteen years of age, any State or federal law, municipal or
county ordinance, provided that jurisdiction in federal offenses shall be
concurrent with federal courts and shall be assumed only if waived by the
federal court. Such minor shall be dealt with under the provisions of this
law relating to juveniles.

(5) An adult or a person sixteen years of age or over charged with
deserting, abandoning or failing to provide support for any person in
violation of law.

(6) The enforcement of any law, regulation, or ordinance for the
education, protection or care of children; provided, that in any case where
a child over whom the court has jurisdiction is not qualified to obtain a
work permit under other provisions of law, the court may, whenever the
judge thereof in his sound judicial discretion deems it for the best interest
of such child, grant a special work permit to such child, which permit shall
be on forms furnished by the Department of Labor and Industry, but any
special work permit granted pursuant to this authority shall be valid only
for the employment for which it is issued, and may be restricted in any
other manner, or cancelled at any time, by the court which granted the
permit; and such permit shall conform, except as to the age of the child,
to the provisions of Chapter 5 (§ 40-96 et seq.) of Title 40 of this Code.

The court shall forthwith transmit a copy of such permit to the De-
partment of Labor and Industry, and shall likewise notify said Department
of any subsequent restriction or cancellation of such permit.

(7) The prosecution and punishment of persons charged with ill-
treatment, abuse, abandonment or neglect of children or with any violation
of law which causes or tends to cause a child to come within the purview
of this law, or with any other offense against a child except murder and
manslaughter; provided, that in prosecution for other felonies over which
the court shall have jurisdiction, such jurisdiction shall be limited to that
of examining magistrate.

(8) All offenses except murder and manslaughter committed by one
member of the family against another member of the family; and the trial
of all criminal warrants in which one member of the family is complainant
against another member of the family, provided, that in prosecution for
other felonies over which the court shall have jurisdiction, said jurisdiction
shall be limited to that of examining magistrate. The word “family” as
herein used shall be construed to include husband and wife, parent and
child, brothers and sisters, grandparent and grandchild; and

(9) Any violation of law the effect or tendency of which is to cause
or contribute in any way to the disruption of marital relations or a home.

§ 17-32.1. The circuit court of a county and the court of record of
a city having original and general jurisdiction of suits in chancery and
civil cases at law, in which county or city is situated the seat of govern-
ment of a Service District, shall have original exclusive jurisdiction to
issue writs of mandamus in all matters or proceedings arising from or
pertaining to the action of the Service District Commission, provided that,
if there are two or more such courts of such city, such jurisdiction shall
be concurrent among them.