H. B. 2193
(By Delegates Staton, Amores and Fleischauer)
[Introduced February 21, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section six, article three, chapter
fifty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the enforcement
of a magistrate judgment in a criminal case for costs,
fines, fees, forfeitures, restitution or penalties by
execution.
Be it enacted by the Legislature of West Virginia:
That section six, article three, chapter fifty of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-6. Collection of costs and fines.
On motion of the prosecuting attorney, the magistrate court
may issue execution or employ other means of enforcing judgment to collect fines and costs, fines, fees, forfeitures, restitution
or penalties imposed in proceedings before the court and tax
include the cost thereof as a part of the execution or other
process. Such execution or other process shall be directed to
the sheriff for collection. The sheriff shall collect the fees
prescribed for his or her services from the party from whom the
fine or costs, fines, fees, forfeitures, restitution or penalties
are being collected. Money so collected shall be paid by the
sheriff to the magistrate court and shall be paid by the
magistrate court in the manner provided by law.
NOTE: The purpose of this bill is to clarify that the
magistrate, rather than the magistrate clerk, is to include the
costs of proceedings to enforce payment of a judgment in a
criminal action as a part of the proceeding, and to clarify that
such costs may also be included when the enforcement proceedings
are for payment of fees, forfeitures, restitution and penalties.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.