ENROLLED
Senate Bill No. 374
(By Senator Craigo)
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[Passed March 10, 1999; in effect ninety days from passage.]
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AN ACT 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
in each criminal case in a magistrate court in which a
defendant is convicted, costs are to be assessed by the
magistrate.
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.
(a) In each criminal case before a magistrate court in which
the defendant is convicted, whether by plea or at trial, 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 A magistrate shall not collect costs in
advance. On and after the first of July, one thousand nine
hundred ninety-six, A magistrate court shall deposit 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.
(b) A magistrate shall assess costs in the amount of two
dollars and fifty cents for issuing a sheep warrant and the
appointment and swearing appraisers and docketing the same
proceedings.
(c) 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.