H. B. 2261
(By Delegates Staton, Fleischauer, Amores and Faircloth)
[Introduced February 27, 1997; referred to the
Committee on the Judiciary.]
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.
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 dollars for the
prosecuting attorney's services, but payable into the county
treasury, shall be taxed in the costs against the offender.
NOTEote: The purpose of this bill is to clarify that the
provision of this section relating to the taxation of docket fees
only applies to circuit courts.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.