19.2-363 - Authority of Governor to grant relief from fines and penalties. - Virginia Statutes

§ 19.2-363. Authority of Governor to grant relief from fines and penalties.

The Governor shall have power, in his discretion, to remit, in whole or inpart, fines and penalties, in all cases of felony or misdemeanor, afterconviction, whether paid into the state treasury or not, except when judgmentshall have been rendered against any person for contempt of court, fornonperformance of or disobedience to some order, decree or judgment of suchcourt, or when the fine or penalty has been imposed by the State CorporationCommission, or when the prosecution has been carried on by the House ofDelegates. The Governor may, in his discretion, remit, refund or release, inwhole or in part, any forfeited recognizance or any judgment renderedthereon, provided, in the opinion of the Governor, the evidence accompanyingsuch application warrants the granting of the relief asked for. But theprovisions of the three following sections and § 19.2-368 shall be compliedwith as a condition precedent to such action by the Governor; provided, thatwhen the party against whom the fine or penalty has been imposed and judgmentrendered therefor has departed this life leaving a spouse or childrensurviving, the Governor may remit such fine or penalty upon the certificateof the judge of the circuit court of the county or city wherein such fine orpenalty was imposed and judgment rendered, that to enforce the same againstthe estate, real or personal, of the decedent, would impose hardship upon thespouse or children. In any case when the Governor remits, in whole or inpart, 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 isremitted shall be paid by the State Treasurer, on the warrant of theComptroller, out of the fund into which the fine or penalty was paid.

(Code 1950, § 19.1-352; 1960, c. 366; 1975, c. 495.)