H. B. 4539

(By Delegates Hines, Johnson, Mahan and Wills)

[Introduced February 15, 2000

; referred to the

Committee on the Judiciary then Finance.]

A BILL to amend and reenact section seventeen, article one, chapter fifty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the reimbursement of jurors; and fixing the rate of reimbursement.

Be it enacted by the Legislature of West Virginia:
That section seventeen, article one, chapter fifty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
§52-1-17. Reimbursement of jurors.

(a) A juror shall is to be
paid mileage, at the rate set by the commissioner of finance and administration for state employees, for travel expenses from the juror's residence to the place of holding court and return and shall is to be reimbursed for other expenses incurred as a result of required attendance at sessions of the court at a rate of between fifteen and forty dollars, set at the discretion of the circuit court or the chief judge thereof, for each day of required attendance. Such reimbursement shall be Reimbursement is based on vouchers submitted to the sheriff. Such mileage Mileage and reimbursement shall is to be paid out of the state treasury.
(b) When a jury in any case is placed in the custody of the sheriff, he or she shall provide for and furnish the jury necessary meals and lodging while they are in the sheriff's custody at a reasonable cost to be determined by an order of the court; and the meals and lodging shall is to be paid for out of the state treasury.
(c) Anytime a panel of prospective jurors has been required to report to court for the selection of a petit jury in any scheduled matter, the court shall, by specific provision in a court order, assess a jury cost. In circuit court cases, the jury cost shall be is the actual cost of the jurors' service, and in magistrate court cases, the jury cost assessed shall be is two hundred dollars. Such costs
shall Costs are to be assessed against the parties as follows:
(1) In every criminal case, against the defendant upon conviction, whether by plea, by bench trial or by jury verdict;
(2) In every civil case, against either party or prorated against both parties, at the court's discretion, if the parties settle the case or trial is to the bench; and
(3) In the discretion of the court, and only when fairness and justice so require, a circuit court or magistrate court may forego assessment of the jury fee, but shall set out the reasons therefor in a written order: Provided, That a waiver of the assessment of a jury fee in a case tried before a jury in magistrate court may only be permitted after the circuit court, or the chief judge thereof, has reviewed the reasons set forth in the order by the magistrate and has approved such the waiver.
(d) The circuit or magistrate court clerk shall by the tenth day of the month following the month of collection remit to the sheriff all jury costs collected, and the clerk and the clerk's surety are liable therefor on the clerk's official bond as for other money coming into the clerk's hands by virtue of the clerk's office.
(e) The sheriff shall pay into the state treasury all jury costs received from the court clerks, and the sheriff shall be held to account in the sheriff's annual settlement for all such moneys.

NOTE: The purpose of this bill is to set the reimbursement of jurors at $40 per day.

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