Senate Bill No. 688
(By Senators Chafin and Kessler)
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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 two, article three, chapter
fifty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to increasing the amount of
costs to be collected in criminal proceedings in magistrate
court; and mandating the use of the increase.
Be it enacted by the Legislature of West Virginia:
That section two, article three, chapter fifty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-2. Costs in criminal proceedings.
(a) In each criminal case before a magistrate court in which
the defendant is convicted, whether by plea or at trial, there
shall be is imposed, in addition to other costs, fines, forfeitures
or penalties as may be allowed by law:
(1) Costs in the amount of fifty-five dollars;
and (2) an amount equal to the one-day per diem
provided for in subsection (h), section ten, article twenty,
chapter thirty-one of this code. A magistrate
shall may not
collect costs in advance. A magistrate court shall deposit five
dollars from each of the criminal proceedings fees collected
pursuant to this section in the court security fund created in
section fourteen, article three, chapter fifty-one of this code.
A magistrate court shall, on or before the tenth day of the month
following the month in which the fees imposed herein were
collected, remit an amount equal to the one-day per diem provided
for in subsection (h), section ten, article twenty, chapter thirty-
one of this code from each of the criminal proceedings in which the
fees specified in this section were collected to the magistrate
court clerk or if there is no magistrate court clerk to the clerk
of the circuit, together with information as may be required by the
rules of the supreme court of appeals and the rules of the office
of chief inspector. These moneys are paid to the sheriff who shall
distribute the moneys solely in accordance with the provisions of
section fifteen, article five, chapter seven of this code.
Amendments made to this section during the regular session of the
Legislature, two thousand one, shall be effective after the
thirtieth day of June, two thousand one.
(b) A magistrate shall assess costs in the amount of two
dollars and fifty cents for issuing a sheep warrant and the
appointment and swearing appraisers and docketing the proceedings.
(c) In each criminal case which must be tried by the circuit
court but in which a magistrate renders some service, costs in the
amount of ten dollars shall be imposed by the magistrate court and
shall be is certified to the clerk of the circuit court in
accordance with the provisions of section six, article five,
chapter sixty-two of this code.
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