COMMITTEE SUBSTITUTE
FOR
H. B. 2418
(By Delegates Hunt, Amores, Tillis, Faircloth, Kelley,
Ashley and Rowe)
(Originating in the Committee on the Judiciary)
[March 1, 1999]
A BILL to amend and reenact section seven, article five, chapter sixty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to costs and
expenses in criminal cases; and execution for jail costs.
Be it enacted by the Legislature of West Virginia:
That section seven, article five, 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 5.COSTS IN CRIMINAL CASES.
§62-5-7. Execution for costs and expenses before conviction.
In every criminal case the clerk of the court in which the
accused is convicted shall, as soon practicable, prepare a
statement of (i) all the expenses incident to the prosecution,
including such as are certified to him or her by a justice
magistrate under the preceding section and (ii) all jail costs the county incurs by reason of the prisoner's confinement before
conviction, including, but not limited to, expenses relating to
the provision of food, clothing, shelter and medical care,
expenses relating to the provision of personal hygiene products
such as toothpaste, toothbrushes and feminine hygiene items,
up
to two hours of overtime costs the sheriff or municipality
incurred relating to the trial of the person
and any costs billed
to the county by the West Virginia regional jail authority for
the custody of the inmate
;
and execution for the amount of such
expenses and costs shall be issued and proceeded with, and
article four of this chapter shall apply thereto in like manner
as if, on the day of completing such statement, there was
judgment in such court in favor of the state against the accused
for such amount as a fine:
Provided, That the convicting court
finds that payment of these expenses and costs do not impose an
undue hardship as contemplated in section one, article two,
chapter fifty-nine and section thirty-six, article one, chapter
fifty-nine of this code.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.