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Introduced Version House Bill 3070 History

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HB3070 intr
H. B. 3070


          (By Delegates Swartzmiller, Barill, Ferro,
                   Diserio and Storch)
          [Introduced March 22, 2013; referred to the
          Committee on the Judiciary then Finance.]



A BILL to amend and reenact §50-3-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §59-1-11 of said code, all relating to bail bond surcharge, providing for collection of a surcharge deposited to the General County Revenue Fund, and designating this surcharge to be used to offset regional jail costs.
Be it enacted by the Legislature of West Virginia:
     That §50-3-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §59-1-11 of said code be amended and reenacted, all to read as follows:
CHAPTER 50. MAGISTRATE COURTS.

ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-1. Costs in civil actions.
     The following costs shall be charged in magistrate courts in civil actions and shall be collected in advance:
     (a) For filing and trying any civil action and for all services connected therewith, but excluding services regarding enforcement of judgment, the following amounts dependent upon the amount of damages sought in the complaint:
  Where the action is for $500 or less                $30.00
  Where the action is for more than $500 but not more than $1,000                 $35.00
  Where the action is for more than $1,000 but not more than $2,000          $40.00
Where the action is for more than $2,000          $50.00
  Where the action seeks relief other than money damage         $30.00
  Five dollars from each of the filing fees listed above shall be deposited in the Court Security Fund created by the provisions of section fourteen, article three, chapter fifty-one of this code.
  Five dollars from each of the filing fees listed above shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code.
  (b) For each service regarding enforcement of
a judgment including execution, suggestion,
garnishment and suggestee execution          $5.00
  (c) For each bond filed in a case          $1.00
$51, $50 of which shall be deposited in the County General Fund to be designated for regional jail expenses.
  (d) For taking deposition of witness
for each hour or portion thereof          $1.00
  (e) For taking and certifying acknowledgment of a deed or other writing or taking oath upon an affidavit          $ .50
  (f) For mailing any matter required or provided by law to be mailed by certified or
registered mail with return receipt                         $1.00
          (g) For filing and trying any civil action          $20.00
          Costs incurred in a civil action shall be reflected in any judgment rendered thereon. The provisions of section one, article two, chapter fifty-nine of this code, relating to the payment of costs by poor persons, shall be applicable to all costs in civil actions.
CHAPTER 59. FEES, ALLOWANCES AND COSTS;

NEWSPAPERS; LEGAL ADVERTISEMENTS.

ARTICLE 1. FEES AND ALLOWANCES.
§59-1-11. Fees to be charged by clerk of circuit court.
          (a) The clerk of a circuit court shall charge and collect for services rendered by the clerk the following fees which shall be paid in advance by the parties for whom services are to be rendered:
          (1) For instituting any civil action under the Rules of Civil Procedure, any statutory summary proceeding, any extraordinary remedy, the docketing of civil appeals or any other action, cause, suit or proceeding, $155, of which $30 shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code and $20 deposited in the special revenue account created in section six hundred three, article twenty-six, chapter forty-eight of this code to provide legal services for domestic violence victims;
          (2) For instituting an action for medical professional liability, $280, of which $10 shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty- six, chapter twenty-nine of this code;
          (3) Beginning on and after July 1, 1999, for instituting an action for divorce, separate maintenance or annulment, $135;
          (4) For petitioning for the modification of an order involving child custody, child visitation, child support or spousal support, $85; and
          (5) For petitioning for an expedited modification of a child support order, $35.
          (b) In addition to the foregoing fees, the following fees shall be charged and collected:
          (1) For preparing an abstract of judgment, $5;
          (2) For a transcript, copy or paper made by the clerk for use in any other court or otherwise to go out of the office, for each page, $1;
          (3) For issuing a suggestion and serving notice to the debtor by certified mail, $25;
          (4) For issuing an execution, $25;
          (5) For issuing or renewing a suggestee execution and serving notice to the debtor by certified mail, $25;
          (6) For vacation or modification of a suggestee execution, $1;
          (7) For docketing and issuing an execution on a transcript of judgment from magistrate court, $3;
          (8) For arranging the papers in a certified question, writ of error, appeal or removal to any other court, $10, of which $5 shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code;
          (9)For each subpoena, on the part of either plaintiff or defendant, to be paid by the party requesting the same, $0.50;
          (10) For additional service, plaintiff or appellant, where any case remains on the docket longer than three years, for each additional year or part year, $20; and
          (11) For administering funds deposited into a federally insured interest-bearing account or interest-bearing instrument pursuant to a court order, $50, to be collected from the party making the deposit. A fee collected pursuant to this subdivision shall be paid into the general county fund.
          (c) In addition to the foregoing fees, a fee for the actual amount of the postage and express may be charged and collected for sending decrees, orders or records that have not been ordered by the court to be sent by mail or express.
          (d) The clerk shall tax the following fees for services in a criminal case against a defendant convicted in such court:
          (1) In the case of a misdemeanor, $85; and
          (2) In the case of a felony, $105, of which $10 shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code.
          (e) The clerk of a circuit court shall charge and collect a fee of $25 $75 per bond for services rendered by the clerk for processing of criminal bonds and the fee shall be paid at the time of issuance by the person or entity set forth below:
          (1) For cash bonds, the fee shall be paid by the person tendering cash as bond;
          (2) For recognizance bonds secured by real estate, the fee shall be paid by the owner of the real estate serving as surety;
          (3) For recognizance bonds secured by a surety company, the fee shall be paid by the surety company;
          (4) For ten percent recognizance bonds with surety, the fee shall be paid by the person serving as surety; and
          (5) For ten percent recognizance bonds without surety, the fee shall be paid by the person tendering ten percent of the bail amount.
          In instances in which the total of the bond is posted by more than one bond instrument, the above fee shall be collected at the time of issuance of each bond instrument processed by the clerk and all fees $25 of each fee collected pursuant to this subsection shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code and $50 shall be deposited into the General County Revenue Fund to be designated for regional jail expenses. Nothing in this subsection authorizes the clerk to collect the above fee from any person for the processing of a personal recognizance bond.
          (f) The clerk of a circuit court shall charge and collect a fee of $10 for services rendered by the clerk for processing of bailpiece and the fee shall be paid by the surety at the time of issuance. All fees collected pursuant to this subsection shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code.
          (g) No clerk is required to handle or accept for disbursement any fees, cost or amounts of any other officer or party not payable into the county treasury except on written order of the court or in compliance with the provisions of law governing such fees, costs or
accounts.

          NOTE: The purpose of this bill is to provide for a surcharge on bail bonds in Magistrate and Circuit Court to be deposited into the County General Revenue Fund to offset regional jail expense.

          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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