H. B. 2281
(By Delegates Manuel, Clements, Leach,
Thomas and Michael)
[Introduced February 28, 1997; referred to the
Committee on Political Subdivisions then 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; to amend and reenact
section four-a, article three, chapter fifty of said code;
and to amend and reenact section twenty-eight-a, article
one, chapter fifty-nine of said code, all relating to the
disposition of criminal costs and civil filing fees from
municipal, magistrate and circuit courts into the state
treasury account for the regional jail and correctional
facility development fund; eliminating provision that no
payment be made into said fund from costs assessed in
municipal court cases until the defendant has paid all costs
dedicated for the use and benefit of the municipality; and
penalties and interest thereon to be assessed against
municipal, magistrate and circuit courts when a clerk thereof fails to properly remit moneys due.
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; that section four-a, article
three, chapter fifty of said code be amended and reenacted; and
that section twenty-eight-a, article one, chapter fifty-nine of
said code be amended and reenacted, all to read as follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 11. POWERS AND DUTIES WITH RESPECT TO ORDINANCES AND
ORDINANCE PROCEDURES.
§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 the
prorated share due the fund out of any moneys collected during
that month on account of each proceeding, up to a maximum amount
of forty dollars of the total 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. In the event that the
clerk of a municipal court or other person designated to receive
fines and costs fails, at the end of any month, to pay into the
regional jail and correctional facility development fund the
amount due the fund in that month pursuant to this section, the
regional jail and correctional facility authority is authorized
to assess a penalty against that municipal court in an amount
equal to ten percent of the moneys due and unpaid, plus interest
as allowed by section thirty-one, article six, chapter fifty-six
of this code.
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-4a. Disposition of criminal costs and civil filing fees
into state treasury account for regional jail and correctional facility development fund.
The clerk of each magistrate court 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 the prorated share due the fund out of any moneys collected
during that month on account of each proceeding, up to a maximum
amount of forty dollars of the total costs collected in each criminal proceeding and all but ten dollars of the costs
collected for the filing of each civil action. In the event that
the clerk of a magistrate court fails, at the end of any month,
to pay into the regional jail and correctional facility
development fund the amount due the fund in that month pursuant
to this section, the regional jail and correctional facility
authority is authorized to assess a penalty against that
magistrate court in an amount equal to ten percent of the moneys
due and unpaid, plus interest as allowed by section thirty-one,
article six, chapter fifty-six of this code.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS;
LEGAL ADVERTISEMENT.
ARTICLE 1. FEES AND ALLOWANCES.
§59-1-28a. Disposition of filing fees in divorce and other civil
actions and fees for services in criminal cases.
(a) Except for those payments to be made from amounts
equaling filing fees received for the institution of divorce
actions as prescribed in subsection (b) of this section, for each
civil action instituted 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 in the circuit court, the clerk of the court shall, at
the end of each month, pay into the funds or accounts described in this subsection an amount equal to the amount set forth in
this subsection of every filing fee received for instituting such
action, prorated as necessary in the event of partial payments,
as follows:
(1) Into the regional jail and correctional facility
development fund in the state treasury established pursuant to
the provisions of section ten, article twenty, chapter thirty-one
of this code, the amount of sixty dollars;
(2) Into the court security fund in the state treasury
established pursuant to the provisions of section fourteen,
article three, chapter fifty-one of this code, the amount of five
dollars.
(b) For each divorce action instituted in the circuit court,
the clerk of the court shall, at the end of each month, pay into
the funds or accounts in this subsection an amount equal to the
amount set forth in this subsection of every filing fee received
for instituting such divorce action as follows:
(1) Into the regional jail and correctional facility
development fund in the state treasury established pursuant to
the provisions of section ten, article twenty, chapter thirty-one
of this code, the amount of ten dollars;
(2) Into the special revenue account of the state treasury,
established pursuant to section twenty-four, article one, chapter forty-eight of this code, an amount of thirty dollars;
(3) Into the family law masters fund in the state treasury,
established pursuant to section twenty-three, article four,
chapter forty-eight-a of this code, an amount of fifty dollars;
and
(4) Into the court security fund in the state treasury,
established pursuant to the provisions of section fourteen,
article three, chapter fifty-one of this code, the amount of five
dollars.
(c) The clerk of each circuit court shall, at the end of
each month, pay into the regional jail and prison development
fund in the state treasury an amount equal to forty dollars of
every fee for service received in any criminal case against any
defendant convicted in such court and shall pay an amount equal
to five dollars of every such fee into the court security fund in
the state treasury established pursuant to the provisions of
section fourteen, article three, chapter fifty-one of this code.
(d) In the event that the clerk of a circuit court fails, at
the end of any month, to pay into the regional jail and
correctional facility development fund the amount due the fund
pursuant to this section, the regional jail and correctional
facility authority is authorized to assess a penalty against that
circuit court in an amount equal to ten percent of the moneys due and unpaid, plus interest as allowed by section thirty-one,
article six, chapter fifty-six of this code.
NOTE: The purpose of this bill is to eliminate the
provision that no payment be made into the Regional Jail and
Correctional Facility Authority development fund from costs
assessed in municipal court cases until the defendant has paid
all costs dedicated for the use and benefit of the municipality
and to authorize the Regional Jail and Correctional Facility
Authority to assess a penalty with interest against municipal,
magistrate and circuit courts when the clerks of such courts fail
to remit certain moneys collected in civil and criminal
proceedings to the authority's development fund.
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 1997 regular
session by the Legislative Oversight Committee on Regional Jails
and CorectionalCorrectional Facility Authority.