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Introduced Version House Bill 2907 History

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hb2907 intr
H. B. 2907


(By Delegates Beane and Ennis)
[Introduced March 7, 2005; referred to the
Committee on the Judiciary then Finance.]




A BILL to amend and reenact §59-1-11a of the Code of West Virginia, 1931, as amended, relating to imposing additional costs on defendants convicted of offenses involving the driving of a motor vehicle or operating a motorized vessel while under the influence of alcohol, controlled substances or drugs; and requiring the deposit of the additional costs into the State General Fund.

Be it enacted by the Legislature of West Virginia:
That §59-1-11a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. FEES AND ALLOWANCES.
§59-1-11a. Additional costs in certain criminal proceedings.
(a) Except as provided in subsections (b) and (c) of this section, in each criminal case before a circuit court in which the defendant is convicted, whether by plea or at trial, under the provisions of section two, article five, chapter seventeen-c of this code or section eighteen-b, article seven, chapter twenty of this code, there shall be imposed, in addition to other costs, fines, forfeitures or penalties as may be allowed by law, costs in the amount of fifty-five one hundred ten dollars. The clerk of the circuit court shall, on or before the tenth day of the month following the month in which the costs imposed in this section were collected:
(1) For purposes of further defraying the cost to the county of enforcing the provisions of section two, article five, chapter seventeen-c of this code or section eighteen-b, article seven, chapter twenty of this code and related provisions, the clerk of the circuit court shall, on or before the tenth day of the month following the month in which the costs imposed in this section were collected remit an amount equal to fifty percent of the amount from each of the criminal proceedings in which the costs specified in this subsection were collected to the sheriff of the county who shall deposit the same in the general revenue fund of the county; and
(2) Remit the remaining fifty percent to the State Treasurer for deposit into the State General Fund.

(b) (1) In each criminal case before a circuit court upon appeal from a magistrate court in which the defendant is convicted, whether by plea or at trial in the circuit court, under the provisions of section two, article five, chapter seventeen-c of this code or section eighteen-b, article seven, chapter twenty of this code, there shall be imposed, in addition to other costs, fines, forfeitures or penalties as may be allowed by law, costs in the amount of fifty-five one hundred ten dollars. The clerk of the circuit court shall, on or before the tenth day of the month following the month in which the costs imposed in this section were collected:
(A) For purposes of further defraying the cost to the county of enforcing the provisions of section two, article five, chapter seventeen-c of this code or section eighteen-b, article seven, chapter twenty of this code and related provisions, the clerk of the circuit court shall, on or before the tenth day of the month following the month in which the costs imposed in this section were collected remit an amount equal to fifty percent of the amount from each of the criminal proceedings in which the costs specified in this subsection were collected to the sheriff of the county who shall deposit the same in the general revenue fund of the county; and
(B) Remit the remaining fifty percent to the State Treasurer for deposit into the State General Fund.
(2) The provisions of this subsection shall do not require payment of the costs imposed by this subsection to the circuit court where the costs have been paid in the magistrate court.
(c) (1) In each criminal case before a circuit court upon appeal from a municipal proceeding in which the defendant is convicted, whether by plea or at trial in the circuit court, under the provisions of a municipal ordinance which has the same elements as an offense described in section two, article five, chapter seventeen-c of this code or section eighteen-b, article seven, chapter twenty of this code, there shall be imposed, in addition to other costs, fines, forfeitures or penalties as may be allowed by law, costs in the amount of fifty-five one hundred ten dollars. The clerk of the circuit court shall, on or before the tenth day of the month following the month in which the costs imposed in this section were collected:
(A) For purposes of further defraying the cost to the municipality of enforcing the provisions of the ordinance or ordinances described in this subsection and related provisions, the clerk of the circuit court shall, on or before the tenth day of the month following the month in which the costs imposed in this section were collected remit an amount equal to fifty percent of the amount from each of the criminal proceedings in which the costs specified in this subsection were collected to the clerk of the municipal court or other person designated to receive fines and costs for the municipality from which the conviction was appealed who shall deposit these moneys in the general revenue fund of the municipality; and
(B) Remit the remaining fifty percent to the State Treasurer for deposit into the State General Fund.
(2) The provisions of this subsection shall do not require payment of the costs imposed by this subsection to the circuit court where the costs have been paid to the clerk of the municipal court or other person designated to receive fines and costs for the municipality.
(d) The provisions of this section shall be amendments made to this section during the regular session of the Legislature in two thousand five become effective after the thirtieth day of June, two thousand four five.



NOTE: The purpose of this bill is to impose additional costs on defendants convicted of offenses involving the driving of a motor vehicle or operating a motorized vessel while under the influence of alcohol, controlled substances or drugs. The bill requires the additional costs to be deposited into the State General 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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