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".
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(NOTE: The purpose of this bill is eliminate the ten dollar assessment against convicted felons from §14-2A-4 and to create a new section mandating a $50.00 fee on convicted felons with the revenue going to the Crime Victims Compensation Fund.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§62-5-10 is new; therefore, strike-throughs and underscoring have been omitted.)