H. B. 2544
(By Delegates Ryan, Varner, Mezzatesta, Nicol and Manuel)
[Introduced March 11, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend section seventeen, article one, chapter fifty-two
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to mileage and compensation
of jurors; eliminating reports of collection and
disbursement of jury costs.
Be it enacted by the Legislature of West Virginia:
That section seventeen, article one, chapter fifty-two of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended to read as follows:
ARTICLE 1. PETIT JURIES.
§52-1-17. Mileage and compensation of jurors.
(a) A juror shall be paid mileage, at the rate set by the
department of administration for state employees, for travel
expenses from the juror's residence to the place of holding court
and return and shall be compensated at a rate of between fifteen
and forty dollars, set at the discretion of the circuit court or
the chief judge thereof, for each day of required attendance atsessions of the court. Such compensation shall be based on
vouchers submitted to the sheriff. Such mileage and compensation
shall be paid out of the state treasury.
(b) When a jury in any case is placed in the custody of the
sheriff, he shall provide for and furnish the jury necessary
meals and lodging while they are in the sheriff's custody at a
reasonable cost to be determined by an order of the court; and
the meals and lodging shall be paid for out of the state
treasury.
(c) There shall be taxed in the costs against any person
against whom a judgment on the verdict of a jury may be rendered
in a case of misdemeanor or felony and against any person against
whom judgment on the verdict of a jury may be rendered in a civil
action, a total of one hundred eighty dollars for jury costs.
Such costs when collected by the circuit clerk or the magistrate
clerk from the party, shall be paid by the sheriff into the state
treasury. All moneys so received by the clerk shall be forthwith
paid by the clerk to the sheriff and the clerk and the clerk's
surety are liable therefor on the clerk's official bond as for
other money coming into the clerk's hands by virtue of the
clerk's office.
(d) The clerks of the circuit court and magistrate court of
each county in this state shall annually certify to the county
commission a list of all money so paid to the clerk and by the
clerk paid to the sheriff, and in addition thereto, a correct
list of all the cases in which jury fees have been taxed and are,at the time, properly due and payable in the state treasury, and
the sheriff of the county shall be held to account in the
sheriff's annual settlement for all such moneys collected by the
sheriff.
NOTE: The purpose of this bill is to eliminate the
requirement that reports be made on the collection and
disbursement of jury costs.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.