Introduced Version
House Bill 2767 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2767
(By Mr. Speaker, Mr. Kiss,
and Delegates Keener and Staton)
[Introduced March 6, 2001; Referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section two, article three, chapter
fifty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to increasing the amount of
costs to be collected in criminal proceedings in magistrate
court and mandating the use of the increase.
Be it enacted by the Legislature of West Virginia:
That
section two, article three, chapter fifty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended
, be
amended and reenacted, to read as follows:
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-2. Costs in criminal proceedings.
(a) In each criminal case before a magistrate court in which
the defendant is convicted, whether by plea or at trial, there
shall be imposed, in addition to other costs, fines, forfeitures or
penalties as may be allowed by law, costs in the amount of
fifty-five eighty-five dollars. A magistrate shall may not collect
costs in advance. A magistrate court shall deposit five dollars from each of the criminal proceedings fees collected pursuant to
this section in the court security fund created in section
fourteen, article three, chapter fifty-one of this code. A
magistrate court shall,
on or before the tenth day of the month
following the month in which the fees imposed herein were
collected,
remit thirty dollars from each of the criminal
proceedings in which the fees specified in this section were
collected to the magistrate court clerk, or if there is no
magistrate court clerk to the clerk of the circuit, together with
such information as may be required by the rules of the supreme
court of appeals and the rules of the office of chief inspector.
These moneys shall thereupon be paid to the sheriff who shall
distribute the moneys solely in accordance with the provisions of
section fifteen, article five, chapter seven of this code.
Amendments made hereto during the two thousand one regular session
of the legislature shall be effective after the thirtieth day of
June, two thousand one.
(b) A magistrate shall assess costs in the amount of two
dollars and fifty cents for issuing a sheep warrant and the
appointment and swearing appraisers and docketing the proceedings.
(c) In each criminal case which must be tried by the circuit
court but in which a magistrate renders some service, costs in the
amount of ten dollars shall be imposed by the magistrate court and
shall be certified to the clerk of the circuit court in accordance
with the provisions of section six, article five, chapter sixty-two
of this code.
NOTE: The purpose of this Bill is to increase court costs
collected in magistrate court by $30.00. The Bill specifies that
the $30.00 increase shall be used to reimburse counties for some of
the operating expenses of housing inmates in county or regional
jails.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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