ENROLLED

H. B. 104


(By Mr. Speaker, Mr. Kiss, and Delegate Ashley)


[Passed July 14, 1998; in effect from passage.]


AN ACT to amend and reenact sections one and one-a, article eleven, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to the authority of municipalities to prescribe reasonable penalties in the form of fines, forfeitures and imprisonment; and providing for the assessment of additional costs against a defendant.

Be it enacted by the Legislature of West Virginia:
That sections one and one-a, article eleven, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 11. POWERS AND DUTIES WITH RESPECT TO ORDINANCES AND ORDINANCE PROCEDURES.

§8-11-1. Ordinances to make municipal powers effective; penalties imposed under judgment of mayor or police court or municipal judge; right to injunctive relief; right to maintain action to collect fines; additional assessment of costs.

(a) To carry into effect the powers and authority conferred upon any municipality or its governing body by the provisions of this chapter, or any past or future act of the Legislature of this state, the governing body shall have has plenary power and authority to:
(1) Make and pass all needful ordinances, orders, bylaws, acts, resolutions, rules and regulations not contrary to the constitution and laws of this state; and for a violation thereof, to
(2) Prescribe reasonable penalties for violation of its ordinances, orders, bylaws, acts, resolutions, rules and regulations,
in the form of fines, forfeitures and imprisonment confinement in the county or regional jail or the place of imprisonment confinement in such the municipality, if there be is one, for a term not exceeding thirty days. Such
(b) The
fines, forfeitures and imprisonment confinement shall be recovered, imposed or enforced under the judgment of the mayor of such the municipality or the individual lawfully exercising his the mayor's functions, or the police court judge or municipal court judge of a city, if there be is one, and may be suspended upon such reasonable conditions as may be imposed by such the mayor, other authorized individual or judge.
(c) Any municipality may also maintain a civil action in the name of the municipality in the circuit court of the county in which the municipality or the major portion of the territory thereof of the municipality
is located to obtain an injunction to compel compliance with, or to enjoin a violation or threatened violation of, any ordinance of such the municipality, and such the circuit court shall have has jurisdiction to grant the relief sought. A certified transcript of a judgment for a fine rendered by a municipal court may be filed in the office of the clerk of a circuit court and docketed in the judgment lien book kept in the office of the clerk of the county commission in the same manner and with the same effect as the filing and docketing of a certified transcript of judgment rendered by a magistrate court as provided for in section two, article six, chapter fifty of this code. The judgment shall include costs assessed against the defendant.
(d) In addition to any other costs which may be lawfully imposed, an additional cost shall be imposed in an amount of not less than forty-two dollars in each proceeding, except that such additional cost shall not be assessed for a traffic offense that is not a moving violation, or an offense for a traffic offense constituting a moving violation, regardless of whether the penalty for the violation provides for a period of incarceration, and for any other offense for which the ordinance does not provide prescribing the offense provides for a period of incarceration
.
(3) Of the forty-two dollars imposed as an additional cost, two dollars shall be an are administrative cost costs to be retained by the municipality, and forty dollars shall be paid into the regional jail and correctional facility development fund in the state treasury in accordance with section one-a of this article.
(e) Execution shall be by fieri facias issued by the clerk of the circuit court in the same manner as such writs are issued on judgments for a fine rendered by circuit courts or other courts of record under the provisions of section eleven, article four, chapter sixty-two of this code.

§8-11-1a. Disposition of criminal costs into state treasury account for regional jail and correctional facility development fund.

The clerk of each municipal court, or such other person designated to receive fines and costs, shall at the end of each month pay into the regional jail and prison correctional facility development fund in the state treasury an amount equal to forty dollars of the costs collected in each proceeding except for traffic offenses that are not moving violations: involving a traffic offense constituting a moving violation, regardless of whether the penalty for such violation provides for a period of incarceration, or any other offense for which the ordinance prescribing the offense provides for a period of incarceration:
Provided, That in a case where a defendant has failed to pay all costs assessed against him or her, no payment shall be made to the regional jail and prison correctional facility development fund unless and until the defendant has paid all costs which, when paid, are available for the use and benefit of the municipality.
AdoptedRejected
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