H. B. 2282
(By Delegates Manuel, Clements, Leach,
Thomas, Pino and Michael)
[Introduced February 28, 1997; referred to the
Committee on Political Subdivisions then the
Judiciary.]
A BILL to amend and reenact section one, article eleven, chapter
eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to penalties
imposed under judgment of mayor or police court or municipal
judge; deleting exemption from imposition of additional cost
of forty-two dollars for offenses for which the ordinance
does not provide for a period of incarceration.
Be it enacted by the Legislature of West Virginia:
That section one, 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
against nonresidents.
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 plenary power and authority
to make and pass all needful ordinances, orders, bylaws, acts,
resolutions
and rules
and regulations not contrary to the
constitution and laws of this state; and, for a violation
thereof, to prescribe reasonable penalties in the form of fines,
forfeitures and imprisonment in the county jail or the place of
imprisonment in such municipality, if there be one, for a term
not exceeding thirty days.
Such The fines, forfeitures and
imprisonment shall be recovered, imposed or enforced under the
judgment of the mayor of
such a municipality or the individual
lawfully exercising his
or her functions, or the police court
judge or municipal court judge of a city, if there be one, and
may be suspended upon
such reasonable conditions as may be
imposed by
such a mayor, other authorized individual or judge.
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 is
located to obtain an injunction to compel compliance with, or to
enjoin a violation or threatened violation of, any ordinance of
such a municipality, and
such the circuit court shall have
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. 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 may
not be assessed for a traffic offense that is not a moving
violation.
or an offense for which the ordinance does not
provide for a period of incarceration Of the forty-two dollars
imposed as an additional cost, two dollars shall be an
administrative cost to be retained by the municipality.
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.
NOTE: The purpose of this bill is to delete the exemption
from the imposition of forty-two dollars in costs assessed in
municipal cases for offenses under ordinances which do not
provide for a period of incarceration.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
This bill is recommended for passage in the 1997 regular
session by the Legislative Oversight Committee on Regional Jails
and Correctional Facility Authority.
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