Senate Bill No. 342
(By Senators Blatnik, Helmick, Love, Wiedebusch,
Yoder and Craigo)
[Introduced February 8, 1996;
referred to the Committee on the Judiciary;
and then to the Committee on Finance.]
A BILL to amend and reenact section one-a, article eleven,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to disposition
of criminal costs into state treasury account for regional
jail and prison development fund.
Be it enacted by the Legislature of West Virginia:
That section one-a, article eleven, chapter eight of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 11. POWERS AND DUTIES WITH RESPECT TO ORDINANCES AND
§8-11-1a. Disposition of criminal costs into state treasury
account for regional jail and prison development fund.
The clerk of each municipal court, or such person designated
to receive fines and costs, shall at the end of each month pay
into the regional jail and
prison correctional facility
development fund in the state treasury an amount equal to forty
dollars of the costs collected in each proceeding, except for
traffic offenses that are not moving violations. Provided: That
in a case where a defendant has failed to pay all costs assessed
against him, no payment shall be made to the regional jail and
prison development fund unless and until the defendant has paid
all costs which, when paid, are available for the use and benefit
of the municipality.
NOTE: The purpose of this bill is to eliminate the
provision that no payment is to be made from a municipal court to
the regional jail and prison [correctional facility] development
fund until a defendant has paid all costs assessed against him to
the municipality for its own benefit in all municipal court
proceedings except those involving traffic offenses that are not
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
This bill is recommended for passage in the 1996 regular
session by the Legislative Oversight Committee on Regional Jails and Correctional Facility Authority.