H. B. 2269
(By Delegate Trump)
(Originating in the Committee on the Judiciary)
[February 27, 1997]
A BILL to amend and reenact section two-a, article three, chapter
fifty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to magistrate
courts generally; enforcement of payment of costs, fines,
fees, forfeitures, restitution or penalties imposed by
magistrates in criminal cases; payment by credit card;
circumstances under which payment may be made in
installments; suspension of privilege to drive a motor
vehicle if payment in full is not timely made; suspension of
privilege to hunt if payment in full of amount imposed for
hunting violation is not timely made; suspension of
privilege to fish if payment in full of amount imposed for
fishing violation is not timely made; enforcement of
requirement to appear or respond in criminal cases;
suspension of privilege to drive a motor vehicle if
defendant in criminal case fails to timely appear or respond
when required until final judgment and, if convicted, until
payment in full of all costs, fines, fees, forfeitures, restitution or penalties imposed; suspension of privilege to
hunt if defendant charged with hunting violation fails to timely appear or respond when required until final judgment
and, if convicted, until payment in full of all costs,
fines, fees, forfeitures, restitution or penalties imposed;
suspension of privilege to fish if defendant charged with
fishing violation fails to timely appear or respond when
required until final judgment and, if convicted, until
payment in full of all costs, fines, fees, forfeitures,
restitution or penalties imposed; authority of magistrate to
order restitution in criminal cases; duties of magistrate
clerk to issue and deliver abstracts of unpaid judgments and
releases of judgments; duties of prosecuting attorney to
file abstracts and releases of judgments; and duties of
county clerk to record and index abstracts and releases of
judgments.
Be it enacted by the Legislature of West Virginia:
That section two-a, 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.
§50-3-2a. Payment of fines by credit card or payment plan;
suspension of licenses for failure to pay fines
make payments or appear or respond; restitution;
liens.
(a) A magistrate court may accept credit cards in payment of
all costs, fines, fees, forfeitures, restitution or penalties.
The in accordance with rules promulgated by the supreme court of
appeals. shall adopt rules regarding the use of credit cards to
pay fines and the rules shall state that any Any charges made by the credit company shall be paid by the person responsible for
paying the cost, fine, forfeiture or penalty.
(b) Unless otherwise required by law, A a magistrate court
may collect a portion of any costs, fines, fees, forfeitures,
restitution or penalties at the time the amount is imposed by the
court so long as the court requires the balance to be paid in
accordance with a payment plan which specifies: (1) The number
of payments to be made; (2) the dates on which such payments and
amounts shall be made are due; and (3) the amounts due on such
dates for each payment.
(b) If any costs, fines, forfeitures, restitution or
penalties imposed or ordered by the magistrate court for hunting
or fishing violations as described in chapter twenty of this code
are not paid in full as directed by the magistrate court, the
magistrate court clerk or upon a judgment rendered on appeal, the
circuit clerk shall notify the director of the division of
natural resources, of such failure to pay. If any costs, fines,
forfeitures, restitution or penalties imposed by the magistrate
court in a criminal case are not paid as directed by the
magistrate court, the magistrate court clerk or, upon judgment
rendered on appeal, the circuit clerk, shall notify the director
of the division of motor vehicles of the failure to pay. Upon
such notice, the division of motor vehicles shall suspend the
operator's or commercial driver's license and the director of the
division of natural resources shall suspend the hunting or
fishing license of the person defaulting on payment until such
time that the costs, fines, forfeitures, restitution or penalties
are paid.
(c)(1) If any costs, fines, fees, forfeitures, restitution or penalties imposed by the magistrate court in a criminal case
are not paid within three months from the date of judgment and
the expiration of any stay of execution, the magistrate court
clerk or, upon judgment rendered on appeal, the circuit clerk
shall notify the commissioner of the division of motor vehicles
of the failure to pay. Upon such notice, the division of motor
vehicles shall suspend any privilege the person defaulting on
payment may have to operate a motor vehicle in this state,
including any driver's license issued to the person by the
division of motor vehicles, until such time that all the costs,
fines, fees, forfeitures, restitution or penalties are paid in
full. The suspension shall be imposed in accordance with the
provisions of section six, article three, chapter seventeen-b of
this code.
(2) In addition to the provisions of subdivision (1) of this
subsection, if any costs, fines, fees, forfeitures, restitution
or penalties imposed or ordered by the magistrate court for a
hunting violation described in chapter twenty of this code are
not paid within three months from the date of judgment and the
expiration of any stay of execution, the magistrate court clerk
or, upon a judgment rendered on appeal, the circuit clerk shall notify the director of the division of natural resources of such
failure to pay. Upon such notice, the director of the division
of natural resources shall suspend any privilege the person
failing to appear or otherwise respond may have to hunt in this
state, including any hunting license issued to the person by the
division of natural resources, until all the costs, fines, fees,
forfeitures, restitution or penalties are paid in full.
(3) In addition to the provisions of subdivision (1) of this
subsection, if any costs, fines, fees, forfeitures, restitution
or penalties imposed or ordered by the magistrate court for a
fishing violation described in chapter twenty of this code are
not paid within three months from the date of judgment and the
expiration of any stay of execution, the magistrate court clerk
or, upon a judgment rendered on appeal, the circuit clerk shall
notify the director of the division of natural resources of such
failure to pay. Upon such notice, the director of the division
of natural resources shall suspend any privilege the person
failing to appear or otherwise respond may have to fish in this
state, including any fishing license issued to the person by the
division of natural resources, until all the costs, fines, fees,
forfeitures, restitution or penalties are paid in full.
(c) (d)(1) If a person charged with any criminal violation
of this code fails to appear or otherwise respond in court, the
magistrate court shall notify the director commissioner of the
division of motor vehicles thereof within fifteen days of the
scheduled date to appear, unless the person sooner appears or
otherwise responds in court to the satisfaction of the magistrate. Upon such notice, the division of motor vehicles
shall suspend the operator's or commercial driver's license of
any privilege the person failing to appear or otherwise respond
may have to operate a motor vehicle in this state, including any
driver's license issued to the person by the division of motor
vehicles, until final judgment in the case and, if a judgment of
guilty, until such time that all the costs, fines, fees,
forfeitures, restitution or penalties imposed are paid in full.
The suspension shall be imposed in accordance with the provisions
of section six, article three, chapter seventeen-b of this code.
(2) In addition to the provisions of subdivision (1) of this
subsection, if a person charged with any hunting violation
described in chapter twenty of this code fails to appear or
otherwise respond in court, the magistrate court shall notify the
director of the division of natural resources of such failure
thereof within fifteen days of the scheduled date to appear,
unless the person sooner appears or otherwise responds in court
to the satisfaction of the magistrate. Upon such notice, the
director of the division of natural resources shall suspend any
privilege the person failing to appear or otherwise respond may
have to hunt in this state, including any hunting license issued
to the person by the division of natural resources, until final
judgment in the case and, if a judgment of guilty, until such
time that all the costs, fines, fees, forfeitures, restitution or
penalties imposed are paid in full.
(3) In addition to the provisions of subdivision (1) of this
subsection, if a person charged with any fishing violation described in chapter twenty of this code fails to appear or
otherwise respond in court, the magistrate court shall notify the
director of the division of natural resources of such failure
thereof within fifteen days of the scheduled date to appear,
unless the person sooner appears or otherwise responds in court
to the satisfaction of the magistrate. Upon such notice, the
director of the division of natural resources shall suspend any
privilege the person failing to appear or otherwise respond may
have to fish in this state, including any fishing license issued
to the person by the division of natural resources, until final
judgment in the case and, if a judgment of guilty, until such
time that all the costs, fines, fees, forfeitures, restitution or
penalties imposed are paid in full.
(d) (e) In every criminal case which involves a misdemeanor
violation, a magistrate may order restitution where appropriate
when rendering judgment.
(e) (f)(1) If all costs, fines, fees, forfeitures,
restitution or penalties imposed by a magistrate court and
ordered to be paid are not paid as ordered by the judgment of the
magistrate court within three months from the date of judgment
and the expiration of any stay of execution, the clerk of the
magistrate court shall notify the prosecuting attorney of the
county of such nonpayment and provide the prosecuting attorney
with an abstract of judgment. The prosecuting attorney shall
file the abstract of judgment in the office of the clerk of the
county commission in the county where the defendant was convicted
and in any county wherein the defendant resides or owns property. The clerk clerks of the county commission commissions shall
record and index the abstracts of judgment without charge or fee
to the prosecuting attorney, and when so recorded, the amount
stated to be owing in the abstract shall constitute a lien
against all property of the defendant.
(2) When all the costs, fines, fees, forfeitures,
restitution or penalties described in subdivision (2) of this
subsection for which an abstract of judgment has been recorded
are paid in full, the clerk of the magistrate court shall notify
the prosecuting attorney of the county of such payment and
provide the prosecuting attorney with a release of judgment,
prepared in accordance with the provisions of section one,
article twelve, chapter thirty-eight of this code, for filing and
recordation pursuant to the provisions of this subdivision. Upon
receipt from the clerk, the prosecuting attorney shall file the
release of judgment in the office of the clerk of the county
commission in each county where an abstract of the judgment was
recorded. The clerks of the county commissions shall record and
index the release of judgment without charge or fee to the
prosecuting attorney.
NOTE: The purpose of this bill is to clarify duties and
authority of magistrates, magistrate clerks, the division of
motor vehicles, the division of natural resources, prosecuting
attorneys and county clerks related to the enforcement of the
payment of costs, fines, fees, forfeitures, restitution or
penalties imposed by magistrates in criminal cases, and to
clarify certain penalties for a criminal defendant's failure to
pay the same or to appear in court when required.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
Be it enacted by the Legislature of West Virginia:
That of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read
as follows:
ARTICLE 1. MAGISTRATE COURTS.
§50-1-6. Vacancy in office of magistrate.
When Subject to the provisions of section one, article ten,
chapter three of this code, when a vacancy occurs in the office
of magistrate, the judge of the circuit court, or the chief judge
thereof if there is more than one judge of the circuit court,
shall fill the same by appointment until the next general
election and the person so appointed shall hold office until his
successor is elected and qualified.
At such a general election in which a magistrate shall be is
elected for the an unexpired term, . Such the circuit judge, or
the chief judge thereof if there is more than one judge of the circuit court, shall cause a notice of such election to be
published prior to such election as a Class II-0 legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code, and the publication area for
such publication shall be the county involved. If the vacancy
occurs before the primary election held to nominate candidates to
be voted for at the general election, at which any such vacancy
is to be filled, candidates to fill such vacancy shall be
nominated at such primary election in accordance with the time
requirements and the provisions and procedures prescribed in
article five, chapter three of this code. Otherwise, they shall
be nominated by the county executive committee in the manner
provided in section nineteen, article five, chapter three of this
code, as in the case of filling vacancies in nominations, and the
names of the persons so nominated and certified to the clerk of
the circuit court of such county shall be placed upon the ballot
to be voted at such next general election.
NOTE: The purpose of this bill is to provide that when a
vacancy in the office of magistrate is filled by appointment,
the
appointee is to fill the vacancy until the completion of the
term.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
NOTE: The purpose of this bill is to
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§§ are new; therefore, strike-throughs and
underscoring have been omitted.