H. B. 2758
(By Mr. Speaker, Mr. Kiss, and Delegate Martin)
[Introduced February 12, 1999; referred to the
Committee on Finance.]
A BILL to amend and reenact sections four and twenty, article
two-a, chapter fourteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
to crime victims compensation; and modifying budgetary and
payment process.
Be it enacted by the Legislature of West Virginia:
That sections four and twenty, article two-a, chapter
fourteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, all to read as
follows:
ARTICLE 2A. COMPENSATION AWARDS TO VICTIMS OF CRIMES.
§14-2A-4. Creation of crime victims compensation fund.
(a) Every person within the state who is convicted of or
pleads guilty to a misdemeanor offense, other than a traffic
offense that is not a moving violation, in any magistrate court or circuit court, shall pay the sum of ten dollars as costs in
the case, in addition to any other court costs that the court is
required by law to impose upon the convicted person. Every
person within the state who is convicted of or pleads guilty to
a misdemeanor offense, other than a traffic offense that is not
a moving violation, in any municipal court, shall pay the sum of
eight dollars as costs in the case, in addition to any other
court costs that the court is required by law to impose upon the
convicted person. In addition to any other costs previously
specified, every person within the state who is convicted of or
pleads guilty to a violation of section two, article five,
chapter seventeen-c of this code, shall pay a fee in the amount
of twenty percent of any fine imposed under
said that section.
This
shall be is in addition to any other court costs required by
this section or which may be required by law.
(b) The clerk of the circuit court, magistrate court or
municipal court
wherein where the additional costs are imposed
under the provisions of subsection (a) of this section shall, on
or before the last day of each month, transmit all costs received
under this article to the state treasurer for deposit in the
state treasury to the credit of a special revenue fund to be
known as the "Crime Victims Compensation Fund."
which is hereby
created. All moneys heretofore collected and received under the
prior enactment or reenactments of this article and deposited or
to be deposited in the "Crime Victims Reparation Fund" are hereby transferred to the crime victims compensation fund, and the
treasurer shall deposit the moneys in the state treasury All
moneys collected and received under this article and paid into
the state treasury and credited to the crime victims compensation
fund in the manner prescribed in section two, article two,
chapter twelve of this code, shall be kept and maintained for the
specific purposes of this article, and
shall may not be treated
by the auditor and treasurer as part of the general revenue of
the state.
(c)
Expenditure of moneys in the crime victims compensation
fund
shall be available for the payment of the costs of
administration of this article in accordance with the budget of
the court approved therefor: Provided, That is authorized from
collections.
(d) Moneys in the crime victims compensation fund may be
expended for:
(1) The payment of the costs of administration of this
article;
(2) The payment of economic loss awards approved by the
court; and
(3) The payment of attorney and witness fees, allowed
pursuant to section nineteen of this article.
(e) The services of the office of the attorney general, as
may be required or authorized by any of the provisions of this article, shall be rendered without charge to the fund.
(d) (f) Any moneys in the crime victims compensation fund
may be
deposited in the West Virginia consolidated investment
fund with the West Virginia state board of investments as
established in invested as provided in article
one of six,
chapter twelve of this code, with the interest income
a proper
credit credited to the
crimes crime victims compensation fund.
(g) All funds in the special economic loss claim payment
fund created under the provisions of section twenty of this
article prior to the amendments made in that section enacted in
the year one thousand nine hundred ninety-nine shall be
transferred to the crime victims compensation fund within a
reasonable time from the effective date of the amendments.
(h) All gifts that are received to be used for the purposes
of this article shall be deposited into the crime victims
compensation fund.
§14-2A-20. Budget preparation; procedure for payment of claims.
(a) The
clerk shall certify to the department of finance and
legislative auditor shall submit to the department of
administration, on or before the twentieth day of November of
each year,
a list of all claims pursuant to this article for
which the court has made a final determination and approved an
award since the last such certificate an anticipated budget for
the crime victims compensation program provided in this article for the next fiscal year, which shall include:
(1) An estimate of the balance and receipts anticipated in
the crime victims compensation fund;
(2) Amounts anticipated to be sufficient for the payment of
all administrative expenses necessary for the administration of
this article; and
(3) Amounts anticipated to be sufficient for the payment of
awards, attorney fees, witness fees and other authorized fees,
costs or expenses that may arise under this article during the
next fiscal year.
(b) The governor shall include in his
or her proposed budget
bill and revenue estimates
(1) An estimate of the balance and receipts anticipated in
the crime victims compensation fund,
(2) An itemized report of the approved awards recommended by
the court to the Legislature,
(3) Such recommendations to the Legislature for
appropriations from the crime victims compensation fund as he may
deem appropriate for the payment of fees, costs and expenses
incurred, due or payable at any time from such fund, and
(4) Such recommendations to the Legislature for
appropriations for the payment of claims arising under this
article, whether accrued and determined by the court and included
in the itemization of awards mentioned in this section or arising
during the ensuing fiscal year.
(c) The Legislature shall, by general law, provide for the
authorization to pay the itemized awards arising under this
article or so much thereof as may be deemed appropriate or for
awards arising during the ensuing fiscal year and provide by
appropriation from the crime victims compensation fund for the
payment of such awards authorized and for the payment of fees,
costs and expenses as from time to time may be appropriate the
amounts submitted by the legislative auditor under subsection (a)
of this section.
(c) The clerk shall certify each authorized award and the
amount
of the award and make requisition upon the crime victims
compensation fund
relating thereto to the auditor.
Notwithstanding any provision of chapter twelve of this code to
the contrary, the auditor shall issue
his a warrant to the
treasurer without further examination or review of the claim
except for the question of if there is a sufficient unexpended
balance in the
appropriation: Provided, That the state treasurer
shall establish within his office a special economic loss claim
payment fund, with funds which are transferred from the crime
victims compensation fund by an annual line item appropriation
from the Legislature.
In any case where the court has made a final award which
includes a sum for economic loss, the court shall as part of its
award order that the state auditor pay that portion of the award which is for economic loss forthwith from the economic loss claim
fund, notwithstanding the fact that the Legislature has not yet
considered or authorized said award. Said award and order crime
victims compensation fund.
(d) The court may provide that payment be made to a claimant
or to a third party for economic losses of the claimant and
said
the award and order may provide
an award for the payment for
actual economic losses which are prospective as well as those
which have already been incurred.
The clerk of the court shall certify the economic loss award
and payment order to the auditor who shall proceed as set forth
herein and issue his warrant to the treasurer for payment of the
economic loss award, subject to the availability of funds in the
economic loss claim payment 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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