WEST virginia legislature

2018 regular session

Committee Substitute

for

Senate Bill 535

By Senators Trump, Unger, Stollings, Woelfel, Plymale, and Cline

[Originating in the Committee on the Judiciary; Reported on February 20, 2018]

A BILL to amend and reenact §30-29-4 of the Code of West Virginia, 1931, as amended, relating to 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, the proceeds of which are dedicated to the funding of training, professional development, and certification programs for law-enforcement officers and to paying the expenses of the Law Enforcement Professional Standards Subcommittee.

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 $2 $10 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 thereof of the state, excluding violations of municipal parking ordinances, unless such the fee is later modified pursuant to a legislative rule.

(b) A $2 $10 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 thereof of the state, excluding bonds posted solely for violation of municipal parking ordinances, unless such the fee is later modified pursuant to a legislative rule. Upon forfeiture of such the bond, the $2 $10 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 so received to into a special revenue account. Funds in the account shall be disbursed by 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. Which The expenses may not in any fiscal year exceed 15 percent of the funds deposited to said 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.