Senate Bill No. 679
(By Senators Chafin, Kessler and Caldwell)
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[Introduced March 26, 2001; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact section nine, article one-c, chapter
sixty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to dedicating
forfeited criminal bond to counties to be used to offset
jail costs or extradition costs.
Be it enacted by the Legislature of West Virginia:
That section nine, article one-c, chapter sixty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1C. BAIL.
§62-1C-9. Same -- Enforcement; proceeds to be dedicated to
counties to offset costs of jail and extradition.
When a forfeiture has not been set aside, the court, or
justice, upon motion of the state, shall enter a judgment of
default and execution may issue thereon on the forfeiture:
Provided, That if the forfeiture is declared in a court of
record, the order taking judgment shall be entered at the same
term of court in which the forfeiture was declared: And provided
further Provided, however, That if the deposit for bail be is by
a person other than the defendant, or if the bail be is in the
form of recognizance, such the person making the deposit or the
surety on the recognizance shall be given ten days' notice by
certified mail at his or her last-known address to appear and
show cause why a judgment of default should not be entered.
Execution shall issue in the name of the state and shall proceed
in the manner provided by law in civil actions. If the bail be
is in the form of bonds or stocks, the judgment order may direct
that all or part thereof of the bonds or stocks be sold through
a state or national bank or through a brokers exchange registered
with the federal securities and exchange commission: Provided
further, That the proceeds from any forfeited bail shall be
dedicated to the county in which the bail was forfeited to be
used to offset jail costs and costs of extradition.
NOTE: The purpose of this bill is to dedicate the proceeds
received of forfeited bail to the counties to offset jail costs
and the costs of extradition.
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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