COMMITTEE SUBSTITUTE

FOR

H. B. 2261

(By Delegates Staton, Fleischauer, Amores and Faircloth)


(Originating in the Committee on the Judiciary)

[February 28, 1997]



A BILL to amend and reenact section eight, article four, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to taxation of docket fee upon judgment for recovery of a fine; clarifying that the statute applies to proceedings to enforce payment of fines in circuit court; and increasing the docket fee to which counties are entitled from certain criminal defendants for the services of prosecuting attorneys in such proceedings.

Be it enacted by the Legislature of West Virginia:
That section eight, article four, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 4. RECOVERY OF FINES IN CRIMINAL CASES.
§62-4-8. Duties of prosecuting attorney in relation to fines.
It shall be the duty of the prosecuting attorney of every county to institute and prosecute in the circuit court or other court having jurisdiction thereof as the case may be, proper proceedings for the recovery of all fines imposed by law, where the cases are cognizable in such court. He shall superintend the issuing of executions on judgments for fines rendered by such courts, and cause all delinquencies in relation to the service or return of such executions to be duly prosecuted. If judgment be rendered by the circuit or other court for a fine, whether with or without imprisonment, a docket fee of ten one hundred dollars for the prosecuting attorney's services, but payable into the county treasury, shall be taxed in the costs against the offender.