WEST virginia legislature

2019 regular session

Enrolled

Committee Substitute

for

Senate Bill 100

Senator Trump, original sponsor

[Passed March 6, 2019; in effect 90 days from passage]

AN ACT to amend and reenact §30-29-4 of the Code of West Virginia, 1931, as amended, relating to increasing certain fees used to fund certain law-enforcement training and certification and professional development programs and expenses related thereto; increasing a fee added to the usual court costs of all criminal proceedings; and increasing fee added to the amount of any cash or property bond posted for violation of any criminal law.

Be it enacted by the Legislature of West Virginia:

ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.

§30-29-4. Special revenue account—collections; disbursements; administrative expenses.

(a) A $12 fee shall be added to the usual court costs of all criminal court proceedings involving violation of any criminal law of the state or any county or municipality of the state, excluding violations of municipal parking ordinances, unless the fee is later modified pursuant to a legislative rule.

(b) A $12 fee shall be added to the amount of any cash or property bond posted for violation of any criminal law of the state or any county or municipality of the state, excluding bonds posted solely for violation of municipal parking ordinances, unless the fee is later modified pursuant to a legislative rule. Upon forfeiture of the bond, the $12 fee shall be deposited as provided in §30-29-4(c) of this code.

(c) All fees collected pursuant to §30-29-4(a) and §30-29-4(b) of this code shall be deposited in a separate account by the collecting agency. Within 10 calendar days following the beginning of each calendar month, the collecting agency shall forward the amount deposited to the State Treasurer. The Treasurer shall deposit all fees received into a special revenue account. The subcommittee shall disburse funds in the account for the funding of law-enforcement entry level training programs, professional development programs, the certification of law-enforcement officers, and to pay expenses of the Governor’s Committee on Crime, Delinquency, and Correction, or the subcommittee in administering the provisions of this article. The expenses may not in any fiscal year exceed 15 percent of the funds deposited to the special revenue account during that fiscal year.

(d) The fees established by this section may be modified by legislative rule as provided in §30-29-3 of this code.