H. B. 3159
(By Delegate Beane)
[Introduced March 30, 2001; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend article four, chapter sixty-two of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section eighteen;
and to amend article five of said chapter by adding thereto a
new section, designated section eleven, all relating to
delaying liability for court costs and fines in criminal
matters until after period of incarceration.
Be it enacted by the Legislature of West Virginia:
That article four, chapter sixty-two of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
eighteen; and that article five of said chapter be amended by
adding thereto a new section, designated section eleven, all to
read as follows:
ARTICLE 4. RECOVERY OF FINES IN CRIMINAL CASES.
§62-4-18. Liability for fines delayed until after period of
incarceration.
Notwithstanding any other provisions of this code, a person
liable for fines in a criminal proceeding in which the person is
ordered to be confined in a jail or prison, shall not be held
liable for the fines until after completion of the term in jail or
prison, and no adverse action shall be taken against the person as
a result of the unpaid fines during completion of the term in jail
or prison.
ARTICLE 5. COSTS IN CRIMINAL CASES.
§62-5-11. Liability for costs delayed until after period of
incarceration.
Notwithstanding any other provisions of this code, a person
liable for costs in a criminal proceeding in which the person is
ordered to be confined in a jail or prison, shall not be held
liable for the costs until after completion of the term in jail or
prison, and no adverse action shall be taken against the person as
a result of the unpaid costs during completion of the term in jail
or prison.
NOTE:
The purpose of this bill is to
delay liability for
fines or costs in criminal matters until time ordered spent in jail
or prison has been served.
Sections 62-4-18 and 62-5-11 are new; therefore,
strike-throughs and underscoring have been omitted.
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