H. B. 2907
(By Delegates Beane and Ennis)
[Introduced March 7, 2005; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §59-1-11a of the Code of West Virginia,
1931, as amended, relating to imposing additional costs on
defendants convicted of offenses involving the driving of a
motor vehicle or operating a motorized vessel while under the
influence of alcohol, controlled substances or drugs; and
requiring the deposit of the additional costs into the State
General Fund.
Be it enacted by the Legislature of West Virginia:
That §59-1-11a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. FEES AND ALLOWANCES.
§59-1-11a. Additional costs in certain criminal proceedings.
(a) Except as provided in subsections (b) and (c) of this
section, in each criminal case before a circuit court in which the
defendant is convicted, whether by plea or at trial, under the
provisions of section two, article five, chapter seventeen-c of
this code or section eighteen-b, article seven, chapter twenty of this code, there shall be imposed, in addition to other costs,
fines, forfeitures or penalties as may be allowed by law, costs in
the amount of
fifty-five one hundred ten dollars.
The clerk of the
circuit court shall, on or before the tenth day of the month
following the month in which the costs imposed in this section were
collected:
(1) For purposes of further defraying the cost to the county
of enforcing the provisions of section two, article five, chapter
seventeen-c of this code or section eighteen-b, article seven,
chapter twenty of this code and related provisions,
the clerk of
the circuit court shall, on or before the tenth day of the month
following the month in which the costs imposed in this section were
collected remit an amount equal to
fifty percent of the amount from
each of the criminal proceedings in which the costs specified in
this subsection were collected to the sheriff of the county who
shall deposit the same in the general revenue fund of the county;
and
(2) Remit the remaining fifty percent to the State Treasurer
for deposit into the State General Fund.
(b)
(1) In each criminal case before a circuit court upon
appeal from a magistrate court in which the defendant is convicted,
whether by plea or at trial in the circuit court, under the
provisions of section two, article five, chapter seventeen-c of
this code or section eighteen-b, article seven, chapter twenty of
this code, there shall be imposed, in addition to other costs,
fines, forfeitures or penalties as may be allowed by law, costs in the amount of
fifty-five one hundred ten dollars.
The clerk of the
circuit court shall, on or before the tenth day of the month
following the month in which the costs imposed in this section were
collected:
(A) For purposes of further defraying the cost to the county
of enforcing the provisions of section two, article five, chapter
seventeen-c of this code or section eighteen-b, article seven,
chapter twenty of this code and related provisions,
the clerk of
the circuit court shall, on or before the tenth day of the month
following the month in which the costs imposed in this section were
collected remit an amount equal to
fifty percent of the amount from
each of the criminal proceedings in which the costs specified in
this subsection were collected to the sheriff of the county who
shall deposit the same in the general revenue fund of the county;
and
(B) Remit the remaining fifty percent to the State Treasurer
for deposit into the State General Fund.
(2) The provisions of this subsection
shall do not require
payment of the costs imposed by this subsection to the circuit
court where the costs have been paid in the magistrate court.
(c)
(1) In each criminal case before a circuit court upon
appeal from a municipal proceeding in which the defendant is
convicted, whether by plea or at trial in the circuit court, under
the provisions of a municipal ordinance which has the same elements
as an offense described in section two, article five, chapter
seventeen-c of this code or section eighteen-b, article seven, chapter twenty of this code, there shall be imposed, in addition to
other costs, fines, forfeitures or penalties as may be allowed by
law, costs in the amount of
fifty-five one hundred ten dollars.
The clerk of the circuit court shall, on or before the tenth day of
the month following the month in which the costs imposed in this
section were collected:
(A) For purposes of further defraying the cost to the
municipality of enforcing the provisions of the ordinance or
ordinances described in this subsection and related provisions,
the
clerk of the circuit court shall, on or before the tenth day of the
month following the month in which the costs imposed in this
section were collected remit an amount equal to
fifty percent of
the amount from each of the criminal proceedings in which the costs
specified in this subsection were collected to the clerk of the
municipal court or other person designated to receive fines and
costs for the municipality from which the conviction was appealed
who shall deposit these moneys in the general revenue fund of the
municipality;
and
(B) Remit the remaining fifty percent to the State Treasurer
for deposit into the State General Fund.
(2) The provisions of this subsection
shall do not require
payment of the costs imposed by this subsection to the circuit
court where the costs have been paid to the clerk of the municipal
court or other person designated to receive fines and costs for the
municipality.
(d) The
provisions of this section shall be amendments made to this section during the regular session of the Legislature in two
thousand five become effective after the thirtieth day of June, two
thousand
four five.
NOTE: The purpose of this bill is to impose additional costs
on defendants convicted of offenses involving the driving of a
motor vehicle or operating a motorized vessel while under the
influence of alcohol, controlled substances or drugs. The bill
requires the additional costs to be deposited into the State
General Fund.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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