H. B. 2022
(By Delegates Tillis and Trump)
(Originating in the House Committee on the Judiciary)
[January 13, 1995]
A BILL to amend and reenact section twelve, article one, chapter
fifty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the creation of a
lien provision for fines in circuit court.
Be it enacted by the Legislature of West Virginia:
That section twelve, article one, chapter fifty-nine of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. FEES AND ALLOWANCES
§59-1-12. Payment of fines by credit card; lien created.
(a) A circuit court may accept credit cards in payment of all
fines, costs, forfeitures, restitution or penalties. The supreme
court of appeals shall adopt rules regarding the use of credit
cards to pay fines, and the rules shall state that any charges made
by the credit company shall be paid by the person responsible for
paying the fine, cost, forfeiture, restitution or penalty.
(b) If all costs, fines, forfeitures, restitution orpenalties imposed by a circuit court and ordered to be paid are not
paid as ordered by the judgment of the circuit court, the clerk of
the circuit court shall notify the prosecuting attorney of the
county of such nonpayment and provide the prosecuting attorney with
an abstract of judgment. The prosecuting attorney shall file the
abstract of judgment in the office of the clerk of the county
commission in the county where the defendant was convicted and in
any county wherein the defendant resides or owns property. The
clerk of the county commission shall record and index the abstracts
of judgment without charge or fee to the prosecuting attorney, and
when so recorded, the amount stated to be owing in the abstract
shall constitute a lien against all property of the defendant.
(c) Once all costs, fines, forfeitures, restitution or
penalties which constitute a lien under subsection (b) of this
section have been paid to the appropriate circuit court, the clerk
of such circuit court shall notify the prosecuting attorney
responsible for filing the abstract of judgment, and such
prosecuting attorney shall file a release of lien in the office of
the clerk of the county commission where any abstracts of judgment
were filed pursuant to subsection (b) of this section. The clerk
of the county commission shall record and index the release of lien
without charge or fee to the prosecuting attorney.
NOTE: The purpose of this bill is to create a lien provision
for fines in circuit court.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.