H. B. 2950
(By Delegate Martin)
[Introduced February 26, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section two, article three, chapter
fifty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to clarifying that
costs are assessed against the defendant when convicted
whether or not a trial was held.
Be it enacted by the Legislature of West Virginia:
That section two, 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.
§50-3-2. Costs in criminal proceedings.
In each criminal case tried proceeding in a magistrate court
in which the defendant is convicted, there shall be imposed, in
addition to such other costs, fines, forfeitures or penalties as
may be allowed by law, costs in the amount of fifty-five dollars. No such costs shall be collected in advance. On and after the
first day of July, one thousand nine hundred ninety-six, five
dollars from each of the criminal proceedings fees collected
pursuant to this section shall be deposited in the court security
fund created in section fourteen, article three, chapter
fifty-one of this code.
A magistrate shall assess costs in the amount of two dollars
and fifty cents for issuing a sheep warrant, appointment and
swearing appraisers and docketing the same.
In each criminal case which must be tried by the circuit
court but in which a magistrate renders some service, costs in
the amount of ten dollars shall be imposed by the magistrate
court and shall be certified to the clerk of the circuit court in
accordance with the provisions of section six, article five,
chapter sixty-two of this code.
NOTE: The purpose of this bill is to assure that costs are
assessed against a convicted defendant whether or not his or her
conviction was the result of a trial.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.