ENGROSSED
Senate Bill No. 149
(By Senators Craigo, Wiedebusch, Helmick and Love)
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[Introduced February 28, 1997; referred to
the Committee on Finance.]
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A BILL to amend and reenact section one, article eleven, chapter
eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to penalties
imposed under judgment of mayor or police court or municipal
judge; and deleting exemption from imposition of additional
cost of forty-two dollars for offenses for which the
ordinance does not provide for a period of incarceration.
Be it enacted by the Legislature of West Virginia:
That section one, 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
ORDINANCE PROCEDURES.
§8-11-1. Ordinances to make municipal powers effective; penalties imposed under judgment of mayor or police court or
municipal judge; right to injunctive relief; right to
maintain action to collect fines against nonresidents.
To carry into effect the powers and authority conferred upon
any municipality or its governing body by the provisions of this
chapter, or any past or future act of the Legislature of this
state, the governing body may make and pass all needful
ordinances, orders, bylaws, acts, resolutions and rules and
regulations not contrary to the constitution and laws of this
state; and, for a violation thereof, to prescribe reasonable
penalties in the form of fines, forfeitures and imprisonment in
the county jail or the place of imprisonment in the municipality,
if there is one, for a term not exceeding thirty days. Such The
fines, forfeitures and imprisonment shall be recovered, imposed
or enforced under the judgment of the mayor of such a
municipality or the individual lawfully exercising his or her
functions, or the police court judge or municipal court judge of
a city, if there is one, and may be suspended upon such
reasonable conditions as may be imposed by such a mayor, other
authorized individual or judge. Any municipality may also
maintain a civil action in the name of the municipality in the
circuit court of the county in which the municipality or the
major portion of the territory of the municipality is located to
obtain an injunction to compel compliance with, or to enjoin a violation or threatened violation of, any ordinance of such a
municipality, and such the circuit court has jurisdiction to
grant the relief sought. A certified transcript of a judgment
for a fine rendered by a municipal court may be filed in the
office of the clerk of a circuit court and docketed in the
judgment lien book kept in the office of the clerk of the county
commission in the same manner and with the same effect as the
filing and docketing of a certified transcript of judgment
rendered by a magistrate court as provided for in section two,
article six, chapter fifty of this code. The judgment shall
include costs assessed against the defendant. In addition to any
other costs which may be lawfully imposed, an additional cost
shall be imposed in an amount of not less than forty-two dollars
in each proceeding, except that thesuch additional cost shall may not
be assessed for a traffic offense that is not a moving violation.
or an offense for which the ordinance does not provide for a
period of incarceration Of the forty-two dollars imposed as an
additional cost, two dollars shall be an administrative cost to
be retained by the municipality.
Execution shall be by fieri facias issued by the clerk of
the circuit court in the same manner as thesuch writs are issued on
judgments for a fine rendered by circuit courts or other courts
of record under the provisions of section eleven, article four,
chapter sixty-two of this code.
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(NOTE: The purpose of this bill is to delete the exemption
from the imposition of forty-two dollars in costs assessed in
municipal cases for offenses under ordinances which do not
provide for a period of incarceration.
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 Correctional Facility Authority.)
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FINANCE COMMITTEE AMENDMENTS
On page _____, section one, lines _____, by striking out the
words "shall have plenary power and authority to" and inserting
in lieu thereof the word "may";
On page _____, section one, line _____, by striking out the
word "such" and inserting in lieu thereof the word "the";
On page _____, section one, line _____, by striking out the
word "be" and inserting in lieu thereof the word "is";
On page _____, section one, line _____, by striking out the
word "be" and inserting in lieu thereof the word "is";
On page _____, section one, line _____, by striking out the
word "thereof" and inserting in lieu thereof the words "of the
municipality";
On page _____, section one, line _____, by striking out the
words "shall have" and inserting in lieu thereof the word "has"; On page _____, section one, line _____, by striking out the
word "such" and inserting in lieu thereof the word "the";
And,
On page _____, section one, line _____, by striking out the
word "such" and inserting in lieu thereof the word "the".