H. B. 2688
(By Delegates Barker, Eldridge, Fleischauer, Guthrie, Mahan,
Moore, Moye, Perry, Rodighiero, Shaver and Staggers
)
[Introduced January 13, 2010; referred to the Committee on the
Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §50-3-2c, relating to
prohibiting magistrates from imposing more than one court cost
fee per hearing; and prohibiting magistrates from imposing
multiple court cost fees if the resolution of a matter
requires more than one hearing.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated, §50-3-2c, to read as
follows:
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-2c. Prohibition of certain costs.
(a) Notwithstanding any provision in the code to the contrary,
a magistrate court may not impose more than one court cost fee per
defendant per set of criminal charges where the same factual basis
gives rise to that set of charges.
(b) Notwithstanding any provision in the code to the contrary,
a magistrate court may not impose more than one court cost fee per defendant for multiple hearings, on the same day or other dates,
that may be necessary to resolve or conclude the same infraction,
issue or matter before it.
NOTE: The purpose of this bill is to prohibit magistrates from
imposing multiple court cost fees for the same matter.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.