H. B. 2766
(By Mr. Speaker, Mr. Kiss, and
Delegates Keener and Staton)
[Introduced March 6, 2001; Referred to
the Committee on the Judiciary then Finance.]
A BILL to amend and reenact section seventeen, article eleven,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to mandating a
minimum fine for the conviction of all misdemeanors in
magistrate court.
Be it enacted by the Legislature of West Virginia:
That section seventeen, article eleven, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, to read as follows:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-17. Court to fix imprisonment and fine for misdemeanor.
The term of confinement in jail of a person found guilty of a
misdemeanor, where that punishment is prescribed, shall, unless
otherwise provided, be ascertained by the court, and the amount of
the fine, where the punishment is by fine, shall, except where it is otherwise provided, be assessed by the court, so far as the term
of confinement and the amount of the fine are not fixed by law. In
addition to or in lieu of any other punishment prescribed herein,
the court may require the person found guilty of such misdemeanor
to participate in the litter control program: Provided, That after
the thirtieth day of June, two thousand one, no fine assessed by a
county magistrate court for the conviction of any misdemeanor may
be less than thirty-three dollars.
NOTE: The purpose if this Bill is to mandate a minimum fine
of $33.00 in all criminal cases in magistrate court where a fine is
imposed.
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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