Senate Bill No. 170
(By Senators Buckalew, Kimble and Dugan)
[Originating in the Committee on the Judiciary;
reported February 16, 1995.]
A BILL to amend article five, chapter sixty-two of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section three,
relating to criminal procedure; costs in criminal cases; and
requiring convicted felons to pay the costs of investigation
of the crime as a condition of sentence and release.
Be it enacted by the Legislature of West Virginia:
That article five, chapter sixty-two of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section three,
to read as follows:
ARTICLE 5. COSTS IN CRIMINAL CASES.
§62-5-3. Expenses of costs of investigation of felony offense.
(a) Any person convicted of a felony may be required by the
circuit court, as a part of his or her sentence, to pay the
reasonable costs incurred in the investigation by law enforcement
of the offense. In determining whether to assess the costs allowed by this section the court shall consider the following factors in
determining whether a convicted person is financially able to pay
the costs of investigation:
(1) Current income prospects for the person, taking into
account seasonal variations in income;
(2) Liquid assets of the person, assets of the person that may
provide collateral to obtain funds and assets that may be
liquidated to provide funds to pay the assessment;
(3) Fixed debts and obligations of the person, including
federal, state and local taxes, restitution and medical expenses;
(4) Child care, transportation and other reasonably necessary
expenses of the person related to employment; and
(5) The reasonably foreseeable consequences for the person if
a waiver of, or reduction in, the assessment is denied.
(b) Notwithstanding any provision of this code to the
contrary, any moneys collected pursuant to the provisions of
subsection (a) of this section shall be deposited in the state
treasury to the credit of the special revenue fund known as the
"Crime Victim's Compensation Fund".