fm.ed
UNITED STATES DISTRICT COURT
DEC -2 2014
FOR THE EASTERN DISTRICT OF VIRGINIA
CLtriK. U.S. Olii iTuCT COURT
N'O-^OIK. VA
In Re: Forfeiture of Collateral in Lieu of
Appearance in Certain Misdemeanor Cases
AND
Assessing Collateral for Certain Mandatory
Appearances in Certain Misdemeanor Cases
ORDER REVISING FORFEITURE OF COLLATERAL LIST
Rule 58(d)(I)ofthe Rules of Criminal Procedure provides as follows:
Forfeiture of Cpllatcrnl. When authorized by local rules of the district court,
payment of a Exed sum may be accepted in suitable cases in lieu of appearance
and as authorizing the termination of the proceedings. Local rules may take
provision for increases in fixed sums not to exceed the maximum fine which
could be imposed.
Local Criminal Rule 58 authorizes the payment and forfeiture of collateral and provides
that the amount ofthe collateral ipay be increased or decreased from time to time.
It appearing to the Court that tlie current list of offenses for which payment of a fixed
sum (the total ofthe collateral amount and the special assessment) may be accepted in lieu of the
appearance of the defendant consists of the Forfeiture Collateral List attached to Order of this
Court dated and filed on Mav 1. 1978.(consisting of46 pages) as supplemented and amended by
Orders of this Court dated May 11, 1978; November 17, 1980; June 10, 1985; September 19,
1991; October 1, 1992; and February 7,2000; and
It further appearing that a revision ofsuch list for the Eastern District is desirable; and
It further appearing that the Court desires to establish specified collateral in certain cases
for the purpose of suspension of one's license to operate a motor vehicle when that person fails
to appear- in the Umted States District Court-for the Eastern District,of Virginia pursuant to the
issuance of a citation or citations requiring a mandatory court appearance, and after the driver
has been ^ven notice that his/her license may be suspended if payment is not made or a new
court date is not requested; it is
ORDERED that ^ of the effective date hereo:^ the aforesaid Forfeiture of Collateral List
and all amendments thereto (whether or not listed in the preceding paragraph) is amended and
supplemented by the forfeiture ofcollateral schedules listed below and attached hereto consisting
offive(5)pages.
Schedule Legislative Source,of Prohibited Conduct
A. Title 46.2, Code of Virginia(1950) Assimilated into Federal law by
36 C.F.R.;§4.2
(National Park Service)
B Title 46.2, Code of Vii^inia(1950) Assimilated into Federal law by
18 U.S.C.§13 and 32 C.F.R. §634.4(c)(4)
(Military Reservations)
C Title 36, Code ofFederal Regulations Pertaining to Parks, Forests,
and Public Property
(Chapter I-National Park Service)
D Title 36, Code of Federal Regulations Pertaining toParks,Forests,
and Public Property
(Chapter III- Corps of Engineers)
E Title 41,-Code ofFederal Regulations Pertaining to Public Contracts
and Property Management
(Subpart 101-203-Conduct on Federal Property)
F Title 16, United States Code,and Title 50,Code of Federal Regulations
(Wildlife and Fisheries)
G Title 38,Code of Federal Regulations,§1.218
(Veterans Administration Facilities)
H Title 32, Code of Federal Regulations, Part 1903 Pertaining to
Regulations to Implemcrit Scction 401 of the Intelligence
Authorizations Act
I Title 32, Code of Federal Regulations §553.22
(Arlington Ccnicterj')
J Title 49,Code of Federal Regulations
(Motor Carrier Safety Inspection Regulations)
K Title 32, Code of Federal Regulations, Part 40b
(The Pentagon Rcscn'ation)
L Title 39,Code of Federal Regulations, §232.1
(Postal Propcrt)')
M _ . Title 29.1,Code of Virginia (1950), and Part 15,
Virginia Administrative Code Regulations,
all adopted Pursuant to 36 C.F.R. §2.2(b)(4),
2.3 (a), and 3,1(a)
(National Park Service)
(Pertaining to Boating, Hunting, and Fishing)
N Title 29.1, Code of Virginia(1950) and Part 15,
Virginia Administrative Code Regulations,
both assimilated under 18 U.S.C. §13; and
Title l8, United States Code
(Military Installations)
(Pertaining to Boating, Hunting,and Fishing)
A law enforcement officer issuing a violation notice may designate a mandatory
appeu]^ optional appearance with forfeitable coilaleral for any offense listed in;
If a defendant declines to forfeit collateral and fails to appear for trial after notice, a
judicial officer may increase the forfeitabie collateral for the offense alleged to any amount
deemed appropriate (not to exceed tlie maximum fine plus special assessment which could be
imposed upon conviction) in connection, with the issuance of further notices or process to obtain
appearance ofsuch defendant. See Rule 58(d).Fed. R. Crim. P.
The effective date ofthe Order shall be \
The Clerk shall mail a certified copy of this Order to each United Stales District Judge
and to each United Stales Magistrate Judge in the Eastern District of Virginia. The Clerk shall
further mail a certified copy ofthe Order to the United States Attorney for the Eastern District of
Virginia.
UNITED STATES D(^nu4T JUDGE ICT JUDGE
r
UNITED ST/ATES DISTRICT JUDGE (p<JlTED STATES DISTRICT JUDGE
TATES DISTRICT^DGE UNII [tES DISTRICT J
ED STATES DISTRICT JUDGE UNITBD STATES DISTRICT i™
JUDGE
UNITED STATES DJSTRICOyjU IE UNITED STATES DISTRICT JUDGE
du^^a (9/A
UNITED STATES DISTINCT JlfoOE UNITED STATES DISTRICT JUDGE
■J\-Cu- lUL^ /V!!/tAyWL/VJli'i» £{—
U^frrfeD STAraS DIStRICT JUDGE UNITED STATES DISTRICT JUDGE
UNITED T JUDGE UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT JUDGE UNITED STATES DISTRICT JUDGE
CHIEF
DATED; ^ ATRUECOPY.TESTE:
CLERK^U.S. DISTRICT COURT
BY. Q. • On i \cnjJ
DEPUTY CLERK
