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
(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.