ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 19
(Senators Buckalew, Kimble, Minear, Ross,
Sharpe and Wiedebusch, original sponsors)
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[Passed March 9, 1996; in effect ninety days from passage.]
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AN ACT 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; to amend and reenact sections
one and two, article three, chapter fifty of said code; to
amend and reenact section seventeen, article one, chapter
fifty-one of said code; to amend article three of said chapter
by adding thereto four new sections, designated sections
fourteen, fifteen, sixteen and seventeen; to amend and reenact
section eleven, article one, chapter fifty-nine of said code;
and to amend article five, chapter sixty-two of said code by
adding thereto a new section, designated section ten, all
relating generally to increasing judicial fees which are
dedicated to specific purposes; removing the ten dollar
assessment for felony convictions; instituting a mandatory assessment of fifty dollars for each felony conviction which
shall be paid to the crime victims compensation fund;
increasing filing fees in magistrate court for civil and
criminal actions to be deposited in the court security fund;
designating the administrative director of the supreme court
of appeals to serve as chairperson of the court security
board; creating the court security fund; requiring
appropriation of the fund; creating the court security board;
setting forth the terms of members and their duties; providing
for security plans and approval of those plans; providing for
awards from the fund; providing for the training of personnel;
requiring the board to promulgate legislative rules; and
increasing fees in circuit court actions to be deposited in
the court security 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; that sections one and two, article three,
chapter fifty of said code be amended and reenacted; that section
seventeen, article one, chapter fifty-one of said code be amended
and reenacted; that article three of said chapter be amended by
adding thereto four new sections, designated sections fourteen,
fifteen, sixteen and seventeen; that section eleven, article one,
chapter fifty-nine of said code 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 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 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 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 five hundred dollars or
less$25.00
Where the action is for more than five hundreddollars but not
more than one thousand dollars$30.00
Where the action is for more than one thousand
dollars but not more than two thousand dollars$35.00
Where the action is for more than two thousand
dollars$45.00
Where the action seeks relief other than money
damages$25.00
On and after the first day of July, one thousand nine hundred
ninety-six, five dollars from each of the filing fees listed above
will be deposited in the court security fund created by the
provisions of section fourteen, article three, chapter fifty-one of
this code.
(b) For each service regarding enforcement of a
judgment including execution, suggestion, garnishment
and suggestee execution$ 5.00
(c) For each bond filed in a case$ 1.00
(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
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.
§50-3-2. Costs in criminal proceedings.
In each criminal case tried in a magistrate court in which the
defendant is convicted, there shall be imposed, in addition to such
other costs, fines, forfeitures or penalties as may be allowed by
law, costs in the amount of fifty-five dollars. No such costs
shall be collected in advance. On and after the first of July, one
thousand nine hundred ninety-six, five dollars from each of the
criminal proceedings fees collected pursuant to this section shall
be deposited in the court security fund created in section
fourteen, article three, chapter fifty-one of this code.
A magistrate shall assess costs in the amount of two dollars
and fifty cents for issuing a sheep warrant, appointment and
swearing appraisers and docketing the same.
In each criminal case which must be tried by the circuit court
but in which a magistrate renders some service, costs in the amount
of ten dollars shall be imposed by the magistrate court and shall
be certified to the clerk of the circuit court in accordance with the provisions of section six, article five, chapter sixty-two of
this code.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-17.Administrative office of supreme court of appeals --
duties of director.
The director shall, when authorized by the supreme court of
appeals, be the administrative officer of said court and shall have
charge, under the supervision and direction of the supreme court of
appeals, of:
(a) All administrative matters relating to the offices of the
clerks of the circuit and intermediary courts and of the offices of
justice of the peace, and all other clerical and administrative
personnel of said courts; but nothing contained in this act shall
be construed as affecting the authority of the courts to appoint
their administrative or clerical personnel;
(b) Examining the state of the dockets of the various courts
and securing information as to their needs for assistance, if any,
and the preparation of statistical data and reports of the business
transacted by the courts, including, as an integral part of the
compensation of justices and judges, the development of a system of
reporting by justices and judges as to the actual amount of time,
including travel time, spent by each justice or judge in the
conduct of his official duties in court;
(c) The preparation of a proper budget to secure the
appropriation of moneys for the maintenance, support and operation of the courts;
(d) The purchase, exchange, transfer and distribution of
equipment and supplies, as may be needful or desirable;
(e) Such other matters as may be assigned to him by the
supreme court of appeals. The clerks of the circuit courts,
intermediate courts and courts of the justices of the peace shall
comply with any and all requests made by the director or his
assistants for information and statistical data bearing on the
state of the dockets of such courts, or such other information as
may reflect the business transacted by them;
(f) Annual report of activities and estimates of
expenditures. -- The director, when required to do so by the
supreme court of appeals, shall submit annually to the court a
report of the activities of the administrative office and of the
state of business of the courts, together with the statistical data
compiled by him, with his recommendations.
(g) Serve as the chair of the court security board created
under the provisions of section fifteen, article three of this
chapter.
ARTICLE 3. COURTS IN GENERAL.
§51-3-14. Court security fund.
The offices and the clerks of the magistrate courts and the
circuit courts shall, on or before the tenth day of each month,
transmit all fees and costs received for the court security fund in
accordance with the provisions of sections one and two, article
three, chapter fifty of this code and section eleven, article one, chapter fifty-nine of this code for deposit in the state treasury
to the credit of a special revenue fund to be known as the "Court
Security Fund", which is hereby created under the department of
military affairs and public safety. The court security fund may
receive any gifts, grants, contributions or other money from any
source which is specifically designated for deposit in the fund.
All moneys collected and received and paid into the state treasury
and credited to the court security fund shall be expended by the
board exclusively to implement the improvement measures agreed upon
in accordance with the security plans submitted pursuant to section
sixteen of this article and in accordance with an appropriation by
the Legislature: Provided, That for the fiscal year ending the
thirtieth day of June, one thousand nine hundred ninety-seven,
expenditures are authorized from collections rather than pursuant
to an appropriation by the Legislature. Amounts collected which are
found from time to time to exceed the funds needed for the purposes
set forth in this article may be transferred to other accounts or
funds and redesignated for other purposes upon appropriation by the
Legislature.
§51-3-15. Court security board, terms.
(a) There is hereby created a court security board who shall
make decisions on how the money in the court security fund is to be
spent to enhance the security of courts. The board shall consist of
seven members and the administrative director of the supreme court
of appeals who shall serve ex officio and be the chair. The board
shall be appointed as follows: One circuit court judge appointed by the judicial association; one magistrate appointed by the
magistrate's association; one family law master appointed by the
family law master's association; one member of the bar appointed by
the president of the West Virginia state bar; one representative of
counties appointed by the West Virginia association of counties;
one representative of sheriffs appointed by the West Virginia
sheriffs association; and one representative of the state police
appointed by the secretary of the department of military affairs
and public safety.
(b) The members of the board shall each serve terms that
commence on the first day of July, one thousand nine hundred
ninety-six. Of the initial appointments to the board, two shall
serve for two-year terms, two shall serve for three-year terms and
two shall serve for four-year terms. Thereafter, each appointment
shall be for a four-year term commencing upon the expiration of his
or her previous term or of his or her predecessor's term. No
member may be appointed for more than three consecutive terms.
Vacancies shall be appointed in a like manner for the balance of an
unexpired term.
(c) The board shall compile and keep a list of able and
available law-enforcement officers who have obtained certification
in compliance with the provisions of section five, article twenty-
nine, chapter thirty of this code and who have maintained all
necessary qualifications and firearms certifications to enable them
to serve as bailiffs in court facilities. The board shall make the
list available to all county sheriffs for their use in recruiting and hiring temporary, part-time or occasional bailiffs to exercise
all the powers and duties of bailiffs in the court facilities in
their counties.
§51-3-16.Security plans; approval by court security board; awards;
training.
(a) The sheriff of each county in conjunction with the circuit
judges, magistrates and family law master may develop a security
plan to enhance the security of all the court facilities in use in
the county and submit said plan to the court security board.
(b) Each security plan shall include, but not be limited to:
(1) An assessment of the existing security measures in place
and any problems or shortcomings with the existing procedures;
(2) A description of how the county responds to court security
emergencies and whether the response is adequate;
(3) A prioritized listing of equipment or personnel, or both,
needed to improve the security of the court facilities in the
county, including cost estimates for such equipment and personnel;
(4) A description of the physical locations of court
facilities around the county and a discussion of whether changes or
consolidation of space could improve court security in the county;
and
(5) An assessment of the training needs for bailiffs currently
employed in the county or for additional bailiffs and the options
for securing the necessary training.
(c) Each plan prepared under this section is subject to
approval by the court security board. Any plan rejected by the court security board shall be returned to the county with a
statement of the insufficiencies in such plan. The county shall
revise the plan to eliminate the insufficiencies and resubmit it to
the court security board.
(d) Upon receipt of the plans the court security board shall
meet at least twice a year to review the plans and to award money
from the court security fund to the circuit clerk, county
commission or county sheriff to be used solely and exclusively to
purchase equipment, hire personnel or make other identified
expenditures in accordance with the plan. The board shall develop
an application form and establish criteria to assist them in making
the decisions on which applications will receive money and how much
money will be awarded. Once an award has been made, the recipient
will have a fixed amount of time in which to execute the
expenditures described in their plan. The board will set forth in
writing the amount of the award, the time frame for accomplishing
the plan objectives and the requirement that any unexpended money
be returned to the board for deposit in the court security fund.
The award or decision not to award these funds shall not relieve
any person or office of their duty or obligation to provide
security services to courts in this state.
(e) The board is authorized to award money from the court
security fund to be used by the counties for costs and expenses of
training for bailiffs. The board may establish minimum standards
for training and it may designate specific agencies or institutions
approved for administering such training.
§51-3-17.Promulgation of legislative rules.
The board shall promulgate legislative rules pursuant to the
provisions of chapter twenty-nine-a of this code effectuating the
purposes and intent of sections fourteen, fifteen and sixteen of
this article. Such rules shall include, but shall not be limited
to, operating procedures for the board and accounting for
expenditures by the board.
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.
The clerk of a circuit court shall charge and collect for
services rendered as such clerk the following fees, and such fees
shall be paid in advance by the parties for whom such services are
to be rendered:
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, seventy-five dollars: Provided, That the fee
for instituting an action for divorce shall be twenty-five dollars
plus the fee required by section six, article two-c, chapter
forty-eight of this code.
In addition to the foregoing fees, the following fees shall
likewise be charged and collected:
For any 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, twenty-five cents;
For action on suggestion, five dollars;
For issuing an execution, two dollars;
For issuing or renewing a suggestee execution, including
copies, postage, registered or certified mail fees and the fee
provided by section four, article five-a, chapter thirty-eight of
this code, three dollars;
For vacation or modification of a suggestee execution, one
dollar;
For docketing and issuing an execution on a transcript of
judgment from magistrate's court, three dollars;
For arranging the papers in a certified question, writ of
error, appeal or removal to any other court, five dollars;
For postage and express and for sending or receiving decrees,
orders or records, by mail or express, three times the amount of
the postage or express charges;
For each witness summons over and above five, on the part of
either plaintiff or defendant, to be paid by the party requesting
the same, twenty-five cents;
For additional services (plaintiff or appellant) where any
case remains on the docket longer than three years, for each
additional year or part year, five dollars.
The clerk shall tax the following fees for services in any
criminal case against any defendant convicted in such court:
In the case of any misdemeanor, fifty-five dollars;
In the case of any felony, sixty-five dollars;
No such clerk shall be required to handle or accept for
disbursement any fees, costs or accounts, of any other officer or
party not payable into the county treasury, except it be on order
of the court or in compliance with the provisions of law governing
such fees, costs or accounts.
On and after the first day of July, one thousand nine hundred
ninety-six, five dollars from each of the civil and criminal fees
collected pursuant to this section shall be deposited in the court
security fund created in section fourteen, article three, chapter
fifty-one of this code.
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".