ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 19
(By Senators Buckalew, Kimble, Minear, Ross,
Sharpe and Wiedebusch)
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[Originating in the Committee on the Judiciary;
reported February 13, 1996.]
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A BILL to amend and reenact section four, article two-a, chapter
fourteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend article five,
chapter sixty-two of said code by adding thereto a new
section, designated section ten, all relating to the crime
victims compensation fund; and mandatory assessment upon
conviction of a felony to ensure to the crime victims
compensation fund.
Be it enacted by the Legislature of West Virginia:
That section four, article two-a, chapter fourteen of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; and that article five, chapter sixty-two
of said code be amended by adding thereto a new section, designated
section ten, all to read as follows:
CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE.
ARTICLE 2A. COMPENSATION AWARDS TO VICTIMS OF CRIMES.
§14-2A-4. Creation of crime victims compensation fund.
(a) Every person within the state who is convicted of or
pleads guilty to a misdemeanor or felony offense, other than a
traffic offense that is not a moving violation, in any magistrate
court or circuit court, shall pay the sum of ten dollars as costs
in the case, in addition to any other court costs that the court is
required by law to impose upon the convicted person. Every person
within the state who is convicted of or pleads guilty to a
misdemeanor or felony offense, other than a traffic offense that is
not a moving violation, in any municipal court, shall pay the sum
of eight dollars as costs in the case, in addition to any other
court costs that the court is required by law to impose upon the
convicted person. In addition to any other costs previously
specified, every person within the state who is convicted of or
pleads guilty to a violation of section two, article five, chapter
seventeen-c of this code, shall pay a fee in the amount of twenty
percent of any fine imposed under said section. This shall be in
addition to any other court costs required by this section or which
may be required by law.
(b) The clerk of the circuit court, magistrate court or
municipal court wherein the additional costs are imposed under the
provisions of subsection (a) of this section shall, on or before
the last day of each month, transmit all costs received under this
article to the state treasurer for deposit in the state treasury to the credit of a special revenue fund to be known as the "Crime
Victims Compensation Fund", which is hereby created. All moneys
heretofore collected and received under the prior enactment or
reenactments of this article and deposited or to be deposited in
the "Crime Victims Reparation Fund" are hereby transferred to the
crime victims compensation fund, and the treasurer shall deposit
the moneys in the state treasury. All moneys collected and
received under this article and paid into the state treasury and
credited to the crime victims compensation fund in the manner
prescribed in section two, article two, chapter twelve of this
code, shall be kept and maintained for the specific purposes of
this article, and shall not be treated by the auditor and treasurer
as part of the general revenue of the state.
(c) Moneys in the crime victims compensation fund shall be
available for the payment of the costs of administration of this
article in accordance with the budget of the court approved
therefor: Provided, That the services of the office of the
attorney general, as may be required or authorized by any of the
provisions of this article, shall be rendered without charge to the
fund.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 5. COSTS IN CRIMINAL CASES.
§62-5-10. Mandatory cost assessed upon conviction of a felony.
(a) Every circuit court shall assess, in every felony criminal
matter, as a cost to the defendant, an assessment in the sum of
fifty dollars for each felony count of conviction. The assessment referred to herein shall be paid upon adjudication of guilt unless
the court determines that the defendant is unable to pay in such a
manner in which case payment of the assessment shall be paid prior
to final disposition. If the circuit court determines that a
defendant is financially unable to pay the assessment prior to
final disposition, payment of the assessment shall be a mandatory
condition of probation or parole.
(b) The clerk of the circuit court wherein the assessment is
imposed under the provisions of subsection (a) of this section
shall, on or before the last day of each month, transmit all costs
received pursuant to this section to the state treasurer for
deposit in the state treasury to the credit of the "Crime Victims
Compensation Fund".