COMMITTEE SUBSTITUTE
FOR
H. B. 2261
(By Delegates Staton, Fleischauer, Amores and Faircloth)
(Originating in the Committee on the Judiciary)
[February 28, 1997]
A BILL to amend and reenact section eight, article four, chapter
sixty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to taxation of
docket fee upon judgment for recovery of a fine; clarifying
that the statute applies to proceedings to enforce payment
of fines in circuit court; and increasing the docket fee to
which counties are entitled from certain criminal defendants
for the services of prosecuting attorneys in such
proceedings.
Be it enacted by the Legislature of West Virginia:
That section eight, article four, 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 4. RECOVERY OF FINES IN CRIMINAL CASES.
§62-4-8. Duties of prosecuting attorney in relation to fines.
It shall be the duty of the prosecuting attorney of every
county to institute and prosecute in the circuit court or other
court having jurisdiction thereof as the case may be, proper proceedings for the recovery of all fines imposed by law, where the cases are cognizable in such court. He shall superintend the
issuing of executions on judgments for fines rendered by such
courts, and cause all delinquencies in relation to the service or
return of such executions to be duly prosecuted. If judgment be
rendered by the circuit or other court for a fine, whether with
or without imprisonment, a docket fee of ten one hundred dollars
for the prosecuting attorney's services, but payable into the
county treasury, shall be taxed in the costs against the
offender.