WEST virginia Legislature
2017 regular session
Introduced
Senate Bill 628
By Senators Rucker, Boso, Sypolt, Trump and Cline
[Introduced March 16, 2017;
Referred
to the Committee on the Judiciary; and then to the Committee on Finance]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-29; to amend and reenact §50-3-2 of said code; and to amend and reenact §62-5-10 of said code, all relating to providing funding for the Statewide Interoperable Radio Network through additional court costs to be imposed in criminal cases.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §15-5-29; that §50-3-2 of said code be amended and reenacted; and that §62-5-10 of said code be amended and reenacted, all to read as follows:
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.
§15-5-29. Creation of the Statewide Interoperable Radio Network Account; purpose; funding; disbursements.
(a) There is created in the State Treasury a separate special revenue account, which shall be an interest bearing account, to be known as the "Statewide Interoperable Radio Network Account." The special revenue account shall consist of income generated from the Statewide Interoperable Radio Network, appropriations made by the Legislature, income from the investment of moneys held in the special revenue account, grant money and all other sums available for deposit to the special revenue account from any source, public or private. No expenditures for purposes of this section are authorized from collections except in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions set forth in article two, chapter five-a of this code. No expenses incurred under this section are charges against the general funds of the state.
(b) Moneys in the special revenue account shall be appropriated to the Director of Homeland Security and Emergency Management and used exclusively, in accordance with appropriations by the Legislature, to pay costs, fees and expenses incurred, or to be incurred for the following purposes: (1) The maintenance, upkeep and repair of the Statewide Interoperable Radio Network; (2) any personnel required to operate and maintain the Statewide Interoperable Radio Network; (3) the design, implementation and management of the Statewide Interoperable Radio Network; (4) all other related Statewide Interoperable Radio Network activities approved by the director; and (5) all costs incurred in the administration of the Statewide Interoperable Radio Network Account.
(c) Any balance remaining in the special revenue account at the end of any state fiscal year shall not revert to the General Revenue Fund but shall remain in the special revenue account and shall be used solely in a manner consistent with this section.
(d) Disbursements from the special revenue account shall be authorized by the director or his or her designee. Moneys in the special revenue account are not available for the payment of any personal injury claims, workers' compensation claims or other types of disability claims.
(e) Quarterly, the director shall prepare an accounting of all moneys disbursed from the Statewide Interoperable Radio Network Account. This accounting shall include the reason for the withdraw, the recipients of any withdraw and the source of any deposit.
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-2. Costs in criminal proceedings.
(a) In each criminal case
before a magistrate court in which the defendant is convicted, whether by plea
or at trial, there is imposed, in addition to other costs, fines, forfeitures
or penalties as may be allowed by law: (1) Costs in the amount of $60, of which
$5 of that amount shall be deposited in the Courthouse Facilities Improvement
Fund created by section six, article twenty-six, chapter twenty-nine of this code;
(2) an amount equal to the one-day per diem provided for in subsection (h),
section ten, article twenty, chapter thirty-one of this code; and (3)
costs in the amount of $30 to be deposited in the Regional Jail Operations
Partial Reimbursement Fund created by section ten-b of said article; (4)
costs in the amount of $30 to be deposited in the Statewide Interoperable Radio
Network Account created by section twenty-nine, article five, chapter fifteen
of this code. A magistrate may not collect costs in advance.
Notwithstanding any other provision of this code, a person liable for fines and
court costs in a criminal proceeding in which the defendant is confined in a
jail or prison a correctional facility and not participating in a
work release program shall not be held liable for the fines and court costs
until one hundred eighty days after completion of the term in jail or prison
correctional facility. A magistrate court shall deposit $5 from each of
the criminal proceedings fees collected pursuant to this section in the Court
Security Fund created in section fourteen, article three, chapter fifty-one of
this code. A magistrate court shall, on or before the tenth day of the month
following the month in which the fees imposed in this section were collected, remit
an amount equal to the one-day per diem provided for in subsection (h), section
ten, article twenty, chapter thirty-one of this code from each of the criminal
proceedings in which the fees specified in this section were collected to the
magistrate court clerk, or if there is no magistrate court clerk to the clerk
of the circuit, together with information as may be required by the rules of
the Supreme Court of Appeals and the rules of the Office of Chief Inspector.
These moneys are paid to the sheriff who shall distribute the moneys solely in
accordance with the provisions of section fifteen, article five, chapter seven
of this code. Amendments made to this section during the 2001 regular session
of the Legislature, are effective after June 30, 2001. Amendments made to
this section during the 2017 regular session of the Legislature, are effective beginning
July 1, 2017.
(b) A magistrate shall assess costs in the amount of $2.50 for issuing a sheep warrant and the appointment and swearing appraisers and docketing the proceedings.
(c) In each criminal case which must be tried by the circuit court but in which a magistrate renders some service, costs in the amount of $10 shall be imposed by the magistrate court and is certified to the clerk of the circuit court in accordance with the provisions of section six, article five, chapter sixty-two of this code.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 5. COSTS IN CRIMINAL CASES.
§62-5-10. Mandatory cost assessed upon conviction of a felony.
(a) Every circuit court
shall assess, in every felony criminal matter as a cost to the defendant, an
assessment in the sum of $75 $100 for each felony count of
conviction. The assessment referred to herein shall be paid upon adjudication
of guilt unless the court determines that the defendant is unable to pay in
such a manner in which case payment of the assessment shall be paid prior to
final disposition. If the circuit court determines that a defendant is
financially unable to pay the assessment prior to final disposition, payment of
the assessment shall be a mandatory condition of probation or parole.
(b) The clerk of the
circuit court wherein the assessment is imposed under the provisions of
subsection (a) of this section shall, on or before the last day of each month,
transmit all costs received pursuant to this section to the State Treasurer for
deposit as follows: Fifty dollars to the credit of the Crime Victims
Compensation Fund created by the provisions of section four, article two-a,
chapter fourteen of this code; and $25 to the credit of the West
Virginia Community Corrections Fund created by the provisions of section four,
article eleven-c of this chapter and $25 to the credit of the Statewide
Interoperable Radio Network Account created by section twenty-nine, article
five, chapter fifteen of this code.
NOTE: The purpose of this bill is to provide funding for the Statewide Interoperable Radio Network through additional court costs to be imposed in criminal cases.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.