H. B. 2664


(By Delegates Givens, Ennis, L. White,
Amores and Facemyer)

[Introduced February 5, 1999; referred to the
Committee on the Judiciary then Finance.]



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 fifty dollars in costs are to be assessed by the magistrate in all cases of criminal conviction, whether the defendant is convicted by plea or by trial.

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 tried in 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.

NOTE: The purpose of this bill is to clarify that fifty dollars in costs are to be assessed against the defendant in all cases wherein there has been a conviction.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.