Senate Bill No. 275
(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 to be paid to the prosecuting attorney; and increasing
the percentage of forfeited recognizance bonds to be paid
to the prosecuting attorney.
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 seven 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 These fees shall must be collected and accounted for
as provided in article one of this chapter, but shall may not in
any case be paid out of the county or state treasury.
NOTE: The purpose of this bill is to increase the
percentage of forfeited recognizance bonds paid to prosecuting
attorneys.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.