HB4958 HFA Shott 3-7
Cline 3258
Delegate Shott moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 10. POWERS AND DUTIES OF CERTAIN OFFICERS.
§8-10-2a. Payment of fines by electronic payments, credit
cards, cash, money orders, or certified checks; payment plan;
suspension of driver’s license for failure to pay motor vehicle violation fines
or to appear in court.
A municipal court may accept electronic payments, credit
cards, cash, money order, or certified checks for of all costs,
fines, forfeitures, or penalties, or restitution electronically, by
mail, or in person. Any charges made by the credit company shall be paid
by the person responsible for paying the cost, fine, fee, or penalty. A
municipal court may collect a substantial portion of all costs, fines,
forfeitures or penalties at the time such amount is imposed by the court as
described in this section. so long as the court requires the balance to be paid
within 180 days from the date of judgment and in accordance with a:
Provided, That all costs, fines, forfeitures or penalties imposed by
the municipal court upon a nonresident of this state by judgment entered upon a
conviction must be paid within 80 days from the date of judgment.
(b) If costs, fines, forfeitures or penalties imposed
by the municipal court for motor vehicle violations as defined in section
three-a, article three, chapter seventeen-b of this code are not paid within
the time limits imposed pursuant to subsection (a) of this section, or if a
person fails to appear or otherwise respond in court when charged with a motor
vehicle violation as defined in section three-a, article three, chapter seventeen-b
of this code, the municipal court must notify the Commissioner of the Division
of Motor Vehicles of such failure to pay or failure to appear: Provided, That
notwithstanding any other provision of this code to the contrary, the municipal
court shall wait at least ninety days from the date that all costs, fines,
forfeitures or penalties are due in full or, for failure to appear or otherwise
respond, ninety days from the date of such failure before notifying the
Division of Motor Vehicles thereof.
§8-10-2b. Payment plan; failure to pay will result in late fee and judgment lien; suspension of licenses for failure to pay fines and costs or failure to appear in court.
(a) If costs, fines, forfeitures or penalties imposed
by the municipal court upon conviction of a person for a criminal offense as
defined in section three-c, article three, chapter seventeen-b of this code are
not paid in full within one hundred eighty days of the judgment, the municipal
court clerk or, upon a judgment rendered on appeal, the circuit clerk shall
notify the Division of Motor Vehicles of the failure to pay: Provided, That
notwithstanding any other provision of this code to the contrary, for residents
of this state, the municipal court shall wait at least ninety days from the date
that all costs, fines, forfeitures or penalties are due in full before
notifying the Division of Motor Vehicles thereof: Provided, however, That at
the time the judgment is imposed, the judge shall provide the person with
written notice that failure to pay the same as ordered may result in the
withholding of any income tax refund due the licensee and shall result in the
suspension of the person's license or privilege to operate a motor vehicle in
this state and that the suspension could result in the cancellation of, the
failure to renew or the failure to issue an automobile insurance policy
providing coverage for the person or the person's family: Provided further,
That the failure of the judge to provide notice does not affect the validity of
any suspension of the person's license or privilege to operate a motor vehicle
in this state. For purposes of this section, payment shall be stayed during any
period an appeal from the conviction which resulted in the imposition of costs,
fines, forfeitures or penalties is pending.
Upon request and subject to the following requirements, the municipal court clerk or, upon a judgment rendered on appeal, the clerk shall establish a payment plan for a person owing costs, fines, forfeitures, penalties, or restitution imposed by the court for a motor vehicle violation as defined in §17B-3-3a of this code, a criminal offense as defined in §17B-3-3c of this code, or other applicable municipal ordinances, so long as the person signs and files with the clerk, an affidavit, stating that he or she is financially unable to pay the costs, fines, forfeitures, penalties, or restitution imposed:
(1) A $25 administrative processing fee shall be paid at the time the payment form is filed or, in the alternative, the fee may be paid in no more than 5 equal monthly payments;
(2) Unless incarcerated, a person has 90 calendar days from the day the court enters the order assessing the costs, fines, forfeitures, penalties, or restitution to enroll in a payment plan; and
(3) If the person is incarcerated, he or she has 90 calendar days from the date of his or her release to enroll in a payment plan.
(b) The West Virginia Supreme Court of Appeals shall develop a uniform payment plan form and financial affidavit for requests for the establishment of a payment plan pursuant to subsection (a) of this section. The forms shall be made available for distribution to the offices of municipal clerks, and municipal clerks shall use the payment plan form and affidavit form developed by the West Virginia Supreme Court of Appeals when establishing payment plans.
(c)(1) The payment plan shall specify: (A) The number
of payments to be made; (B) The dates on which such payments are due; (C) The
amounts due for each payment; (D) all acceptable payment methods; and
(E) the circumstances under which the person may receive a late fee, have a
judgment lien recorded against him or her, or have the debt sent to collections
for nonpayment;
(2) The monthly payment under the payment plan shall be calculated based upon all costs, fines, forfeitures, penalties, or restitution owed within the court, and shall be two percent of the person’s annual net income divided by 12, or $10, whichever is greater;
(3) Amounts due as restitution to a crime victim or to the Crime Victims Compensation Fund pursuant to §62-5-10 of this code shall be disbursed to the crime victim or credited to the Crime Victims Compensation Fund;
(4) The court may review the reasonableness of the payment plan, and may on its own motion or by petition, waive, modify, or convert the outstanding costs, fines, forfeitures, penalties, or restitution to community service if the court determines that the individual has had a change in circumstances and is unable to comply with the terms of the payment plan.
(d) (1) The clerk may assess a $10 late fee each month if a person fails to comply with the terms of a payment plan and if any payment due is not received within 30 days after the due date, and the person:
(A) Is not incarcerated;
(B) Has not brought the account current;
(C) Has not made alternative payment arrangements with the court; or
(D) Has not entered into a revised payment plan with the clerk before the due date.
(2) If after 90 days, a payment has not been received, the clerk may do one or both of the following: (A) Record a judgment lien as described in subsection (f) of this section, or (B) Consign the delinquent costs, fines, forfeitures, penalties, or restitution to a debt collection agency contained on the State Tax Commissioner’s list of eligible debt collection agencies established and maintained pursuant to §14-1-18c of this code, an internal collection division, or both: Provided, That the entire amount of all delinquent payments collected shall be remitted to the court and may not be reduced by any collection costs or fees: Provided, however, That the collection fee may not exceed 25 percent of the delinquent payment amount. The clerk may send notices, electronically or by U.S. mail, to remind the person of an upcoming or missed payment.
(e)(1) If after 90 days of a judgment a person fails to enroll in a payment plan and fails to pay their costs, fines, forfeitures, penalties, or restitution the clerk may assess a $10 late fee and shall notify the person of the following:
(A) That he or she is 90 days past due in the payment of costs, fines, forfeitures, penalties, or restitution imposed pursuant to a judgment of the court;
(B) That he or she has failed to enroll in a payment plan;
(C) Whether a $10 late fee has been assessed; and
(D) That he or she may be the subject of a judgment lien or have his or her debt sent to a collection agency if the overdue payment of costs, fines, forfeitures, penalties, or restitution is not resolved within 30 days of the date of the notice issued pursuant to this subsection.
(2) If after 30 days from the issuance of a notice pursuant to subdivision (1) of this subsection, a payment has not been received, the clerk may do one or both of the following:
(A) Record a judgment lien as described in subsection (f) of this section; or
(B) Consign the delinquent costs, fines, forfeitures, penalties, or restitution to a debt collection agency contained on the State Tax Commissioner’s list of eligible debt collection agencies established and maintained pursuant to §14-1-18c of this code, an internal collection division, or both: Provided, That the entire amount of all delinquent payments collected shall be remitted to the court and may not be reduced by any collection costs or fees: Provided, however, That the collection fee may not exceed 25 percent of the delinquent payment amount.
(f) To record a judgment lien, the clerk shall notify the prosecuting attorney of the county of nonpayment and shall provide the prosecuting attorney with an abstract of judgment. The prosecuting attorney shall file the abstract of judgment in the office of the clerk of the county commission in the county where the defendant was convicted and in any county in which the defendant resides or owns property. The clerk of the county commission shall record and index these abstracts of judgment without charge or fee to the prosecuting attorney and when recorded, the amount stated to be owed in the abstract constitutes a lien against all property of the defendant: Provided, That when all the costs, fines, fees, forfeitures, penalties, or restitution for which an abstract of judgment has been recorded are paid in full, the clerk of the municipal court shall notify the prosecuting attorney of the county of payment and provide the prosecuting attorney with a release of judgment, prepared in accordance with the provisions of §38-12-1 of this code, for filing and recordation pursuant to the provisions of this subdivision. Upon receipt from the clerk, the prosecuting attorney shall file the release of judgment in the office of the clerk of the county commission in each county where an abstract of the judgment was recorded. The clerk of the county commission shall record and index the release of judgment without charge or fee to the prosecuting attorney.
(1) Upon payment in full of all outstanding costs, fines, forfeitures, penalties, or restitution and a one-time $25 reinstatement fee paid to the Division of Motor Vehicles; or
Upon notice, the Division of Motor Vehicles shall
suspend the person’s driver’s license or privilege to operate a motor vehicle
in this state until such time that the costs, fines, forfeitures or penalties
are paid.
(b) Notwithstanding the provisions of this section to
the contrary, the notice of the failure to pay costs, fines, forfeitures or
penalties may not be given where the municipal court, upon application of the
person upon whom the costs, fines, forfeitures or penalties were imposed filed
prior to the expiration of the period within which these are required to be
paid, enters an order finding that the person is financially unable to pay all
or a portion of the costs, fines, forfeitures or penalties: Provided,
That where the municipal court, upon finding that the person is financially
unable to pay a portion of the costs, fines, forfeitures or penalties, requires
the person to pay the remaining portion, the municipal court shall notify the
Division of Motor Vehicles of the person’s failure to pay if not paid within
the period of time ordered by the court
(c) (h) If a person charged with a motor
vehicle violation as defined in §17B-3-3a of this code or criminal offense
fails to appear or otherwise respond in court, the municipal court clerk shall
notify the Division of Motor Vehicles of the failure to appear: Provided,
That notwithstanding any other provision of this code to the contrary, for
residents of this state, the municipal court clerk shall wait at least 90 days
from the date of the person’s failure to appear or otherwise respond before
notifying the Division of Motor Vehicles thereof. Upon notice, the Division of
Motor Vehicles shall suspend the person’s driver’s license or privilege to
operate a motor vehicle in this state until such time that the person appears
as required.
(d) On and after July 1, 2008, if the licensee fails to
respond to the Division of Motor Vehicles order of suspension within ninety
days of receipt of the certified letter, the municipal court of original jurisdiction
shall notify the Tax Commissioner that the licensee has failed to pay the
costs, fines, forfeitures or penalties assessed by the court or has failed to
respond to the citation. The notice provided by the municipal court to the Tax
Commissioner must include the licensee’s Social Security number. The Tax
Commissioner, or his or her designee, shall withhold from any personal income
tax refund due and owing to a licensee the costs, fines, forfeitures or
penalties due to the municipality, the Tax Commissioner’s administration fee
for the withholding and any and all fees that the municipal court would have
collected had the licensee appeared: Provided, That the Tax
Commissioner’s administration fee may not exceed $25: Provided, however,
That the Tax Commissioner may change this maximum amount limitation for this
fee for fiscal years beginning on or after July 1, 2008, by legislative rule
promulgated in accordance with the provisions of article three, chapter
twenty-nine-a of this code: Provided further, That the administrative
fees deducted shall be deposited in the special revolving fund hereby created
in the State Treasury, which shall be designated as the Municipal Fines and
Fees Collection Fund, and the Tax Commissioner shall make such expenditures from
the fund as he or she deems appropriate for the administration of this
subsection. After deduction of the Tax Commissioner’s administration fee, the
Tax Commissioner shall remit to the municipality all remaining amounts withheld
pursuant to this section and the municipal court shall distribute applicable
costs, fines, forfeitures or penalties owed to the municipality, the Regional
Jail Authority Fund, the Crime Victims Compensation Fund, the Community
Corrections Fund, the Governor’s subcommittee on law-enforcement training or
any other fund or payee that may be applicable. After the costs, fines,
forfeitures or penalties are withheld, the Tax Commissioner shall refund any
remaining balance due the licensee. If the refund is not sufficient to cover
all the costs, fines, forfeitures or penalties being withheld pursuant to this
section, the Tax Commissioner’s administration fee shall be retained by the Tax
Commissioner and the remaining money withheld shall be remitted by the Tax
Commissioner to the municipality. The municipality shall then allocate the
money so remitted to the municipality in the following manner: (1) Any costs,
fines, forfeitures or penalties due to the municipality; (2) seventy-five
percent of the remaining balance shall be paid to the appropriate Regional Jail
Authority Fund; (3) fifteen percent of the remaining balance shall be paid to
the Crime Victims Compensation Fund; (4) six percent of the remaining balance
shall be paid into the Community Corrections Fund; and (5) the final four percent
shall be paid to the Governor’s subcommittee on law-enforcement training. When
the costs, fines, forfeitures or penalties exceed the licensee’s income tax
refund, the Tax Commissioner shall withhold the remaining balance in subsequent
years until such time as the costs, fines, forfeitures or penalties owed are
paid in full. The Tax Commissioner shall remit the moneys that he or she
collects to the appropriate municipality no later than July 1, of each year. If
the municipal court or the municipality subsequently determines that any such
costs, fines, forfeitures or penalties were erroneously imposed, the
municipality shall promptly notify the Tax Commissioner. If the refunds have
not been withheld and remitted, the Tax Commissioner may not withhold and remit
payment to the municipality and shall so inform the municipality. If the
refunds have already been withheld and remitted to the municipality, the Tax
Commissioner shall so inform the municipality. In either event, all refunds for
erroneously imposed costs, fines, forfeitures or penalties shall be made by the
municipality and not by the Tax Commissioner.
(e) Rules and effective date. –- The Tax Commissioner
may promulgate such rules as may be useful or necessary to carry out the
purpose of this section and to implement the intent of the Legislature, to be
effective on July 1, 2008. Rules shall be promulgated in accordance with the
provisions of article three, chapter twenty-nine-a of this code.
(f) On or before July 1, 2005, the municipal court may
elect to reissue notice as provided in subsections (a) and (c) of this section
to the Division of Motor Vehicles for persons who remain noncompliant: Provided,
That the person was convicted or failed to appear on or after January 1, 1993.
If the original notification cannot be located, the Division of Motor Vehicles
shall accept an additional or duplicate notice from the municipal court clerk
CHAPTER 17B. MOTOR VEHICLE DRIVER’S LICENSES.
ARTICLE 3. CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSES.
§17B-3-3a. Suspending license for failure to pay
fines or penalties imposed by magistrate court or municipal respond or
appear in court.
(a) The division shall suspend the license of any resident
of this state or the privilege of a nonresident to drive a motor vehicle in
this state upon receiving notice from a magistrate court or municipal court of
this state, pursuant to subsection (b), section two-a, article three,
chapter fifty of this code or subsection (b), section two-a, article ten,
chapter eight of this code, that such person has defaulted on the payment of
costs, fines, forfeitures or penalties which were imposed on the person by the
magistrate court or municipal court by judgment entered upon conviction of any
motor vehicle violation or that such person has failed to respond or appear
in court when charged with a motor vehicle violation.
(b) The magistrate court or municipal court shall
notify the division upon a default of payment as follows:
(1) For a resident of this state, after 180 days
following the date of judgment upon the conviction; or
(2) For a nonresident of this state, after eighty days
following the date of judgment upon the conviction
(c)(b) For the purposes of this section,
§50-3-2a of this code and §8-10-2a §8-10-2b
of this code, “motor vehicle violation” shall be defined is as
any violation designated in chapters 17A, 17B, 17C, 17D, or 17E of this code,
or the violation of any municipal ordinance relating to the operation of a
motor vehicle for which the violation thereof would result in a fine or
penalty: Provided, That any parking violation or other violation for
which a citation may be issued to an unattended vehicle shall not be considered
a motor vehicle violation for the purposes of this section, §50-3-2a of this
code, or §8-10-2a §8-10-2b of this code.
§17B-3-3c. Suspending license
for failure to pay fines or penalties imposed as the result of criminal
conviction or for failure to appear in court.
(a) The division shall suspend
the license of any resident of this state or the privilege of a nonresident to
drive a motor vehicle in this state upon receiving notice from a circuit court,
magistrate court, or municipal court of this state, pursuant to §50-3-2b
§8-10-2b or §62-4-17 of this code, that the person has defaulted on the
payment of costs, fines, forfeitures, penalties, or restitution imposed on the
person by the circuit court, magistrate court, or municipal court upon
conviction for any criminal offense by the date the court had required the
person to pay the same, or that the person has failed to appear in court
when charged with an criminal offense. For the purposes of this
section, §50-3-2b §8-10-2b or §62-4-17 of this code, “criminal offense”
shall be defined as any violation of the provisions of this code, or the
violation of any municipal ordinance, for which the violation of the offense
may result in a fine, confinement in jail, or imprisonment in a correctional
facility of this state: Provided, That any parking violation or other
violation for which a citation may be issued to an unattended vehicle shall not
be considered a criminal offense for the purposes of this section, §8-10-2b §50-3-2b
or §62-4-17 of this code.
(b) A copy of the order of
suspension shall be forwarded to the person by certified mail, return receipt
requested. No order of suspension becomes effective until 10 days after receipt
of a copy of the order. The order of suspension shall advise the person that
because of the receipt of notice of the failure to pay costs, fines,
forfeitures, or penalties, or the failure to appear, a presumption exists
that the person named in the order of suspension is the same person named in
the notice. The commissioner may grant an administrative hearing which
substantially complies with the requirements of the provisions of §17C-5A-2 of
this code upon a preliminary showing that a possibility exists that the person
named in the notice of conviction is not the same person whose license is being
suspended. The request for hearing shall be made within 10 days after receipt
of a copy of the order of suspension. The sole purpose of this hearing shall be
for the person requesting the hearing to present evidence that he or she is not
the person named in the notice. In the event the commissioner grants an
administrative hearing, the commissioner shall stay the license suspension
pending the commissioner’s order resulting from the hearing.
(c) A suspension under this section and §17B-3-3a of this code will continue until the person provides proof of compliance from the municipal, magistrate, or circuit court and pays the reinstatement fee as provided in §17B-3-9 of this code, except as exempted in §8-10-2b, §50-3-2a, and §62-4-17. The reinstatement fee is assessed upon issuance of the order of suspension regardless of the effective date of suspension.
(d) Upon notice from an appropriate state official that the person is successfully participating in an approved treatment and job program as prescribed in §61-11-26a of this code, and that the person is believed to be safe to drive, the Division of Motor Vehicles shall stay or supersede the imposition of any suspension under this section or §17B-3-3a of this code. The Division of Motor Vehicles shall waive the reinstatement fee established by the provisions §17B-3-9 upon receipt of proper documentation of the person’s successful completion of a program under §61-11-26a of this code and proof of compliance from the municipal, magistrate, or circuit court. The stay or supersedeas shall be removed by the Division of Motor Vehicles upon receipt of notice from an appropriate state official of a participant’s failure to complete or comply with the approved treatment and job program as established under §61-11-26a of this code.
Chapter 50. Magistrate Courts.
Article 3. Costs, Fines and Records.
§50-3-2a. Payment by electronic
payments, credit card payments, cash, money orders, or certified checks;
restitution; payment plan; failure to pay costs, fines, fees,
forfeitures, penalties, or restitution results in a late fee and judgment liens.
(a) A magistrate court may accept electronic payments, credit
cards, cash, money order, or certified check for in payment of
all costs, fines, fees, forfeitures, penalties, or restitution in accordance
with rules promulgated by the Supreme Court of Appeals. Any charges made by the
credit company shall be paid by the person responsible for paying the cost,
fine, forfeiture, penalty, or restitution.
(b) Upon request and subject to the following requirements, the magistrate clerk shall establish a payment plan for a person owing costs, fines, forfeitures, penalties, or restitution imposed by the court, so long as the person signs and files with the clerk, an affidavit stating that he or she is financially unable to pay the costs, fines, forfeitures, penalties, or restitution imposed:
(1) A $25 administrative processing fee shall be paid at the time the payment form is filed or, in the alternative, the fee may be paid in no more than 5 equal monthly payments;
(2) Unless incarcerated, a person has 180 calendar days from the day the court enters the order assessing the costs, fines, forfeitures, penalties, or restitution to enroll in a payment plan; and
(3) If the person is incarcerated, he or she has 180 calendar days from the date of his or her release to enroll in a payment plan.
(c) The West Virginia Supreme Court of Appeals shall develop a uniform payment plan form and financial affidavit for requests for the establishment of payment plan pursuant to subsection (a) of this section. The forms shall be made available for distribution to the offices of magistrate clerks, and magistrate clerks shall use the payment plan form and affidavit form developed by the West Virginia Supreme Court of Appeals when establishing payment plans.
(b)(d)(1) Unless otherwise required by
law, a magistrate court may collect a portion of any costs, fines, fees,
forfeitures, restitution or penalties at the time the amount is imposed by the
court so long as the court requires the balance to be paid in accordance with a
The payment plan shall specify: which specifies: (A) The
number of payments to be made; (B) The dates on which the payments are due; and
(C) The amounts due for each payment; (D) All acceptable payment
methods; and (E) The circumstances under which the person may receive a late
fee, have a judgment lien recorded against him or her, or have the debt sent to
collections for nonpayment;
(2) The monthly payment under the payment plan shall be calculated based upon all costs, fines, forfeitures, penalties, or restitution owed within the court, and shall be two percent of the person’s annual net income divided by 12 or $10, whichever is greater;
(3) Amounts due as restitution to a crime victim or to the Crime Victims Compensation Fund pursuant to §62-5-10 of this code shall be disbursed to the crime victim or credited to the Crime Victims Compensation Fund;
(4) The court may review the reasonableness of the
payment plan, and may on its own motion or by petition, waive, modify, or
convert the outstanding costs, fines, forfeitures, penalties, or restitution to
community service if the court determines that the individual has had a change
in circumstances and is unable to comply with the terms of the payment plan. The
written agreement represents the minimum payments and the last date those
payments may be made. The obligor or the obligor’s agent may accelerate the
payment schedule at any time by paying any additional portion of any costs,
fines, fees, forfeitures, restitution or penalties.
(e) (1) The clerk may assess a $10 late fee each month if a person fails to comply with the terms of a payment plan, and if any payment due is not received within 30 days after the due date, and the person:
(A) Is not incarcerated;
(B) Has not brought the account current;
(C) Has not made alternative payment arrangements with the court; or
(D) Has not entered into a revised payment plan with the clerk before the due date.
(2) If, after 90 days, a payment has not been received, the clerk may do one or both of the following: (A) Record a judgment lien as described in subsection (g) of this section, or (B) Consign the delinquent costs, fines, forfeitures, penalties, or restitution to a debt collection agency contained on the State Tax Commissioner’s list of eligible debt collection agencies established and maintained pursuant to §14-1-18c of this code, an internal collection division, or both: Provided, That the entire amount of all delinquent payments collected shall be remitted to the court and may not be reduced by any collection costs or fees: Provided, however, That the collection fee may not exceed 25 percent of the delinquent payment amount. The clerk may send notices, electronically or by U.S. mail, to remind the person of an upcoming or missed payment.
(f)(1) If after 180 days of a judgment a person fails to enroll in a payment plan and fails to pay his or her costs, fines, forfeitures, penalties, or restitution, the clerk may assess a $10 late fee and shall notify the person of the following:
(A) That he or she is 180 days past due in the payment of costs, fines, forfeitures, penalties, or restitution imposed pursuant to a judgment of the court;
(B) That he or she has failed to enroll in a payment plan;
(C) Whether a $10 late fee has been assessed; and
(D) That he or she may be the subject of a judgment lien or have his or her debt sent to a collection agency if the overdue payment of costs, fines, forfeitures, penalties, or restitution is not resolved within 30 days of the date of the notice issued pursuant to this subsection.
(2) If after 30 days from the issuance of a notice pursuant to subdivision (1) of this subsection, a payment has not been received, the clerk may do one or both of the following:
(A) Record a judgment lien as described in subsection (g) of this section; or
(B) Consign the delinquent costs, fines, forfeitures, penalties, or restitution to a debt collection agency contained on the State Tax Commissioner’s list of eligible debt collection agencies established and maintained pursuant to §14-1-18c of this code, an internal collection division, or both: Provided, That the entire amount of all delinquent payments collected shall be remitted to the court and may not be reduced by any collection costs or fees: Provided, however, That the collection fee may not exceed 25 percent of the delinquent payment amount.
(c)(1) (g) To record a judgment lien, the clerk
If costs, fines, forfeitures or penalties imposed by the municipal court upon
conviction of a person for a criminal offense as defined in §17B-3-3c of this
code are not paid in full within 180 days of the judgment, the municipal court
clerk or, upon a judgment rendered on appeal, the circuit clerk shall
notify the prosecuting attorney of the county of nonpayment and shall provide
the prosecuting attorney with an abstract of judgment. The prosecuting attorney
shall file the abstract of judgment in the office of the clerk of the county
commission in the county where the defendant was convicted and in any county
wherein the defendant resides or owns property. The clerk of the county
commission shall record and index these abstracts of judgment without charge or
fee to the prosecuting attorney and when recorded, the amount stated to be owed
in the abstract constitutes a lien against all property of the defendant: Provided,
That when all the costs, fines, fees, forfeitures, restitution, or
penalties for which an abstract of judgment has been recorded are paid in full,
the clerk of the municipal court shall notify the prosecuting attorney of the
county of payment and provide the prosecuting attorney with a release of
judgment, prepared in accordance with the provisions of §38-12-1 of this code,
for filing and recordation pursuant to the provisions of this subdivision. Upon
receipt from the clerk, the prosecuting attorney shall file the release of
judgment in the office of the clerk of the county commission in each county
where an abstract of the judgment was recorded. The clerk of the county
commission shall record and index the release of judgment without charge or fee
to the prosecuting attorney.
(h) A person whose driver’s license was suspended before July 1, 2020, solely for the nonpayment of costs, fines, forfeitures, penalties, or restitution if otherwise eligible, shall have his or her license reinstated:
(1) Upon payment in full of all outstanding costs, fines, forfeitures, penalties, or restitution and a one-time $25 reinstatement fee paid to the Division of Motor Vehicles; or
(2) Upon establishing a payment plan pursuant to subsection (a) of this section and the payment of a $25 administrative fee. The clerk shall notify the Division of Motor Vehicles that a payment plan is in effect, and upon receipt of the notification, the division shall waive the reinstatement fee.
notify the Commissioner of the Division of Motor
Vehicles of the failure to pay: Provided, That in a criminal case in which
a nonresident of this state is convicted of a motor vehicle violation defined
in section three-a, article three, chapter seventeen-b of this code, the
appropriate clerk shall notify the Division of Motor Vehicles of the failure to
pay within eighty days from the date of judgment and expiration of any stay of
execution. Upon notice, the Division of Motor Vehicles shall suspend any
privilege the person defaulting on payment may have to operate a motor vehicle
in this state, including any driver’s license issued to the person by the
Division of Motor Vehicles, until all costs, fines, fees, forfeitures,
restitution or penalties are paid in full. The suspension shall be imposed in
accordance with the provisions of section six, article three, chapter seventeen-b
of this code: Provided, That any person who has had his or her license
to operate a motor vehicle in this state suspended pursuant to this subsection
and his or her failure to pay is based upon inability to pay, may, if he or she
is employed on a full- or part-time basis, petition to the circuit court for an
order authorizing him or her to operate a motor vehicle solely for employment
purposes. Upon a showing satisfactory to the court of inability to pay,
employment and compliance with other applicable motor vehicle laws, the court
shall issue an order granting relief.
(2)(i)(1) In addition to the provisions
of subdivision (1) of this subsection, If any costs, fines, fees,
forfeitures, restitution, or penalties imposed or ordered by the magistrate
court for a hunting violation described in chapter 20 of this code are not paid
within 180 days from the date of judgment and the expiration of any stay of
execution, the magistrate court clerk or, upon a judgment rendered on appeal,
the circuit clerk shall notify the Director of the Division of Natural
Resources of the failure to pay. Upon notice, the Director of the Division of
Natural Resources shall suspend any privilege the person failing to appear or
otherwise respond may have to hunt in this state, including any hunting license
issued to the person by the Division of Natural Resources, until all the costs,
fines, fees, forfeitures, restitution, or penalties are paid in full.
(3)(2) In addition to the provisions of
subdivision (1) of this subsection, If any costs, fines, fees, forfeitures,
restitution, or penalties imposed or ordered by the magistrate court for a
fishing violation described in chapter 20 of this code are not paid within 180
days from the date of judgment and the expiration of any stay of execution, the
magistrate court clerk or, upon a judgment rendered on appeal, the circuit
clerk shall notify the Director of the Division of Natural Resources of the
failure to pay. Upon notice, the Director of the Division of Natural Resources
shall suspend any privilege the person failing to appear or otherwise respond
may have to fish in this state, including any fishing license issued to the
person by the Division of Natural Resources, until all the costs, fines, fees,
forfeitures, restitution, or penalties are paid in full.
(d)(j)(1) If a person charged with any criminal
violation of this code fails to appear or otherwise respond in court, the magistrate
court shall notify the Commissioner of the Division of Motor Vehicles thereof
within 90 days of the scheduled date to appear unless the person sooner appears
or otherwise responds in court to the satisfaction of the magistrate. Upon
notice, the Division of Motor Vehicles shall suspend any privilege the person
failing to appear or otherwise respond may have to operate a motor vehicle in
this state, including any driver’s license issued to the person by the Division
of Motor Vehicles, until final judgment in the case and, if a judgment of
guilty, until all costs, fines, fees, forfeitures, restitution, or penalties
imposed are paid in full. The suspension shall be imposed in accordance with
the provisions of §17B-3-6 of this code.
(2) In addition to the provisions of subdivision (1) of this subsection, if a person charged with any hunting violation described in chapter 20 of this code fails to appear or otherwise respond in court, the magistrate court shall notify the Director of the Division of Natural Resources of the failure thereof within 15 days of the scheduled date to appear unless the person sooner appears or otherwise responds in court to the satisfaction of the magistrate. Upon notice, the Director of the Division of Natural Resources shall suspend any privilege the person failing to appear or otherwise respond may have to hunt in this state, including any hunting license issued to the person by the Division of Natural Resources, until final judgment in the case and, if a judgment of guilty, until all costs, fines, fees, forfeitures, restitution, or penalties imposed are paid in full.
(3) In addition to the provisions of subdivision (1) of this subsection, if a person charged with any fishing violation described in chapter 20 of this code fails to appear or otherwise respond in court, the magistrate court shall notify the Director of the Division of Natural Resources of the failure thereof within 15 days of the scheduled date to appear unless the person sooner appears or otherwise responds in court to the satisfaction of the magistrate. Upon notice, the Director of the Division of Natural Resources shall suspend any privilege the person failing to appear or otherwise respond may have to fish in this state, including any fishing license issued to the person by the Division of Natural Resources, until final judgment in the case and, if a judgment of guilty, until all costs, fines, fees, forfeitures, restitution, or penalties imposed are paid in full.
(e)(k) In every criminal case which involves a
misdemeanor violation, a magistrate may order restitution where appropriate
when rendering judgment.
(f)(1) If all costs, fines, fees, forfeitures,
restitution or penalties imposed by a magistrate court and ordered to be paid
are not paid within 180 days from the date of judgment and the expiration of
any stay of execution, the clerk of the magistrate court shall notify the
prosecuting attorney of the county of nonpayment and provide the prosecuting
attorney with an abstract of judgment. The prosecuting attorney shall file the
abstract of judgment in the office of the clerk of the county commission in the
county where the defendant was convicted and in any county wherein the
defendant resides or owns property. The clerks of the county commissions shall
record and index the abstracts of judgment without charge or fee to the
prosecuting attorney and when so recorded, the amount stated to be owing in the
abstract shall constitute a lien against all property of the defendant.
(2) When all the costs, fines, fees, forfeitures,
restitution or penalties described in subdivision (1) of this subsection for
which an abstract of judgment has been recorded are paid in full, the clerk of
the magistrate court shall notify the prosecuting attorney of the county of
payment and provide the prosecuting attorney with a release of judgment,
prepared in accordance with the provisions of §38-12-1 of this code, for filing
and recordation pursuant to the provisions of this subdivision. Upon receipt
from the clerk, the prosecuting attorney shall file the release of judgment in
the office of the clerk of the county commission in each county where an
abstract of the judgment was recorded. The clerks of the county commissions
shall record and index the release of judgment without charge or fee to the
prosecuting attorney.
(g)(l) Notwithstanding any provision of this code
to the contrary, except as authorized by this section, payments of all costs,
fines, fees, forfeitures, restitution, or penalties imposed by the magistrate
court in civil or criminal matters shall be made in full. Partial payments of
costs, fines, fees, forfeitures, restitution, or penalties made pursuant to
this section shall be credited to amounts due in the following order:
(1) Regional Jail Fund;
(2) Worthless Check Payee;
(3) Restitution;
(4) Magistrate Court Fund;
(5) Worthless Check Fund;
(6) Per Diem Regional Jail Fee;
(7) Community Corrections Fund;
(8) Regional Jail Operational Fund;
(9) Law Enforcement Training Fund;
(10) Crime Victims Compensation Fund;
(11) Court Security Fund;
(12) Courthouse Improvement Fund;
(13) Litter Control Fund;
(14) Sheriff arrest fee;
(15) Teen Court Fund;
(16) Other costs, if any;
(17) Fine.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 4. RECOVERY OF FINES IN CRIMINAL CASES.
§62-4-17. Suspension of licenses for failure to pay
fines and costs or failure to appear in court; payment plan; failure to
pay fines will result in late fee and judgment lien.
(a) If costs, fines, forfeitures, penalties or
restitution imposed by the circuit court upon conviction of a person for any
criminal offense under this code are not paid in full when ordered to do so by
the court, the circuit clerk shall notify the Division of Motor Vehicles of
such failure to pay: Provided, That at the time the judgment is imposed,
the court shall provide the person with written notice that failure to pay the
same when ordered to do so shall result in the suspension of such person’s
license or privilege to operate a motor vehicle in this state and that such
suspension could result in the cancellation of, the failure to renew or the
failure to issue an automobile insurance policy providing coverage for such
person or such person’s family: Provided, however, That the failure of
the court to provide such notice shall not affect the validity of any
suspension of such person’s license or privilege to operate a motor vehicle in
this state. For purposes of this section, such period of time within which the
person is required to pay shall be stayed during any period an appeal from the
conviction which resulted in the imposition of such costs, fines, forfeitures
or penalties is pending.
Upon such notice, the Division of Motor Vehicles shall
suspend the person’s driver’s license or privilege to operate a motor vehicle
in this state until such time that the costs, fines, forfeitures or penalties
are paid.
Upon request and subject to the following requirements, the circuit clerk shall establish a payment plan for a person owing costs, fines, forfeitures, penalties, or restitution imposed by the court, so long as the person signs and files with the clerk, an affidavit, stating that he or she is financially unable to pay the costs, fines, forfeitures, penalties, or restitution imposed:
(1) A $25 administrative processing fee shall be paid at the time the payment form is filed or, in the alternative, the fee may be paid in no more than 5 equal monthly payments;
(2) Unless incarcerated, a person has 180 calendar days from the day the court enters the order assessing the costs, fines, forfeitures, penalties, or restitution to enroll in a payment plan; and
(3) If the person is incarcerated, he or she has 180 calendar days from the date of his or her release to enroll in a payment plan.
(b) Notwithstanding the provisions of this section to
the contrary, the notice of the failure to pay such costs, fines, forfeitures
or penalties shall not be given where the circuit court, upon application of
the person upon whom the same were imposed filed prior to the expiration of the
period within which the same are required to be paid, enters an order finding
that such person is financially unable to pay all or a portion of the same: Provided,
That where the circuit court, upon finding that the person is financially
unable to pay the full amount thereof, requires the person to pay the remaining
portion thereof, the circuit clerk shall notify the Division of Motor Vehicles
of such person’s failure to pay the same if the same is not paid within the
period of time ordered by such court. The West Virginia Supreme Court of
Appeals shall develop a uniform payment plan form and financial affidavit for
requests for the establishment of payment plan pursuant to subsection (a) of this
section. The forms shall be made available for distribution to the offices of
circuit clerks and circuit clerks shall use the payment plan form and affidavit
form developed by the West Virginia Supreme Court of Appeals when establishing
payment plans.
(c)(1) The payment plan shall specify: (A) The number of payments to be made; (B) The dates on which such payments are due; (C) The amount due for each payment; (D) All acceptable payment methods; and (E) The circumstances under which the person may receive a late fee; have a judgment lien recorded against them, or have the debt sent to collections for nonpayment.
(2) The monthly payment under the payment plan shall be calculated based upon all costs, fines, forfeitures, penalties, or restitution owed within the court, and shall be two percent of the person’s annual net income divided by 12, or $10, whichever is greater;
(3) Amounts due as restitution to a crime victim or to the Crime Victims Compensation Fund pursuant to §62-5-10 of this code shall be disbursed to the crime victim or credited to the Crime Victims Compensation Fund;
(4) The court may review the reasonableness of the payment plan, and may on its own motion or by petition, waive, modify, or convert the outstanding costs, fines, forfeitures, penalties, or restitution to community service if the court determines that the individual has had a change in circumstances and is unable to comply with the terms of the payment plan.
(d) (1) The clerk may assess a $10 late fee each month if a person fails to comply with the terms of a payment plan, and if any payment due is not received within 30 days after the due date, and the person:
(A) Is not incarcerated;
(B) Has not brought the account current;
(C) Has not made alternative payment arrangements with the court; or
(D) Has not entered into a revised payment plan with the clerk before the due date.
(2) If, after 90 days, a payment has not been received, the clerk may do one or both of the following: (A) Record a judgment lien as described in subsection (f) of this section, or (B) Consign the delinquent costs, fines, forfeitures, penalties, or restitution to a debt collection agency contained on the State Tax Commissioner’s list of eligible debt collection agencies established and maintained pursuant to §14-1-18c of this code, an internal collection division, or both: Provided, That the entire amount of all delinquent payments collected shall be remitted to the court and may not be reduced by any collection costs or fees: Provided, however, That the collection fee may not exceed 25 percent of the delinquent payment amount. The clerk may send notices, electronically or by U.S. mail, to remind the person of an upcoming or missed payment.
(e)(1) If after 180 days of a judgment a person fails to enroll in a payment plan and fails to pay his or her costs, fines, forfeitures, penalties, or restitution, the clerk may assess a $10 late fee and shall notify the person of the following:
(A) That he or she is 180 days past due in the payment of costs, fines, forfeitures, penalties, or restitution imposed pursuant to a judgment of the court;
(B) That he or she has failed to enroll in a payment plan;
(C) Whether a $10 late fee has been assessed; and
(D) That he or she may be the subject of a judgment lien or have his or her debt sent to a collection agency if the overdue payment of costs, fines, forfeitures, penalties, or restitution is not resolved within 30 days of the date of the notice issued pursuant to this subsection.
(2) If after 30 days from the issuance of a notice pursuant to subdivision (1) of this subsection, a payment has not been received, the clerk may do one or both of the following:
(A) Record a judgment lien as described in subsection (f) of this section; or
(B) Consign the delinquent costs, fines, forfeitures, penalties, or restitution to a debt collection agency contained on the State Tax Commissioner’s list of eligible debt collection agencies established and maintained pursuant to §14-1-18c of this code, an internal collection division, or both: Provided, That the entire amount of all delinquent payments collected shall be remitted to the court and may not be reduced by any collection costs or fees: Provided, however, That the collection fee may not exceed 25 percent of the delinquent payment amount.
(f) To record a judgment lien, the clerk shall notify the prosecuting attorney of the county of nonpayment and shall provide the prosecuting attorney with an abstract of judgment. The prosecuting attorney shall file the abstract of judgment in the office of the clerk of the county commission in the county where the defendant was convicted and in any county wherein the defendant resides or owns property. The clerk of the county commission shall record and index these abstracts of judgment without charge or fee to the prosecuting attorney, and when recorded, the amount stated to be owed in the abstract constitutes a lien against all property of the defendant: Provided, That when all the costs, fines, fees, forfeitures, restitution, or penalties for which an abstract of judgment has been recorded are paid in full, the clerk of the municipal court shall notify the prosecuting attorney of the county of payment and provide the prosecuting attorney with a release of judgment, prepared in accordance with the provisions of §38-12-1 of this code, for filing and recordation pursuant to the provisions of this subdivision. Upon receipt from the clerk, the prosecuting attorney shall file the release of judgment in the office of the clerk of the county commission in each county where an abstract of the judgment was recorded. The clerk of the county commission shall record and index the release of judgment without charge or fee to the prosecuting attorney.
(g) A person whose driver’s license was suspended prior to July 1, 2020, solely for the nonpayment of costs, fines, forfeitures, penalties, or restitution if otherwise eligible, shall have his or her license reinstated:
(1) Upon payment in full of all outstanding costs, fines, forfeitures, penalties, or restitution and a one-time $25 reinstatement fee paid to the Division of Motor Vehicles; or
(2) Upon establishing a payment plan pursuant to subsection (a) and the payment of a $25 administrative fee. The clerk shall notify the Division of Motor Vehicles that a payment plan is in effect, and upon receipt of the notification, the division shall waive the reinstatement fee.
(c)(h) If a person
charged with a criminal offense fails to appear or otherwise respond in court
after having received notice to do so, the court shall notify the Division of
Motor Vehicles thereof within 15 days of the scheduled date to appear unless
such person sooner appears or otherwise responds in court to the satisfaction
of the court. Upon such notice, the Division of Motor Vehicles shall suspend
the person’s driver’s license or privilege to operate a motor vehicle in this
state until such time that the person appears as required.
Adopted
Rejected