Senate Bill No. 271
(By Senators Mitchell and Kessler)
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[Introduced January 21, 2002; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact section seventeen, article two,
chapter fifty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
fees of the prosecuting attorney; and increasing the amount
of fees for a forfeited recognizance from five percent to
ten percent of the amount recovered and paid into the
treasury.
Be it enacted by the Legislature of West Virginia:
That section seventeen, article two, chapter fifty-nine of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 2. COSTS GENERALLY.
§59-2-17. Fees of prosecuting attorney.
The clerk shall include in the costs, for fees of the prosecuting attorney, the following:
(a) In cases of misdemeanor, or an action upon a bond for
a violation of the license laws, ten dollars;
(b) In a case of bastardy, ten dollars;
(c) In a suit or proceeding upon a forfeited recognizance
upon behalf of the state, five ten percent upon the amount
recovered and paid into the treasury;
(d) In cases of felony, thirty dollars;
(e) In any other case of the state, if a different fee is
not prescribed, ten dollars.
Such fees shall be collected and accounted for as provided
in article one of this chapter, but shall not in any case be
paid out of the county or state treasury.
NOTE: The purpose of this bill is to increase the fee of the
prosecuting attorney for proceeding on a forfeited recognizance
from five percent of the amount recovered to ten percent of that
amount.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.