H. B. 2893
(By Mr. Speaker, Mr. Kiss, and Delegate Kominar)
[Introduced February 7, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section two-a, article three, chapter
fifty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to costs and fines in
magistrate court; payment plans; clarifying that a person has
the right to pay his or her balance in full or in part at any
time; and requiring that a magistrate court accept payments
when tendered notwithstanding the fact that the payment may be
premature under a payment plan.
Be it enacted by the Legislature of West Virginia:
That section two-a, 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.
§50-3-2a. Payment by credit card or payment plan; suspension of
licenses for failure to make payments or appear or respond; restitution; liens.
(a) A magistrate court may accept credit cards in payment of
all costs, fines, fees, forfeitures, restitution or penalties in
accordance with rules promulgated by the supreme court of appeals.
Any charges made by the credit company shall be paid by the person
responsible for paying the cost, fine, forfeiture or penalty.
(b) Unless otherwise required by law, a magistrate court may
collect a portion of any costs, fines, fees, forfeitures,
restitution or penalties at the time the amount is imposed by the
court so long as the court requires the balance to be paid in
accordance with a payment plan which specifies: (1) The number of
payments to be made; (2) the dates on which such payments are due;
and (3) the amounts due for each payment set by the court:
Provided, That the payment plan provides that the court shall
accept payment any time it is offered or tendered notwithstanding
that the payment may be premature according to the terms of the
payment plan and the defendant has the right at any time to pay the
balance owed in full or in part.
(c) (1) If any costs, fines, fees, forfeitures, restitution or
penalties imposed by the magistrate court in a criminal case are
not paid within one hundred eighty days from the date of judgment
and the expiration of any stay of execution, the magistrate court
clerk or, upon judgment rendered on appeal, the circuit clerk shall
notify the commissioner of the division of motor vehicles of the failure to pay. Upon such notice, the division of motor vehicles
shall suspend any privilege the person defaulting on payment may
have to operate a motor vehicle in this state, including any
driver's license issued to the person by the division of motor
vehicles, until such time that all the costs, fines, fees,
forfeitures, restitution or penalties are paid in full. The
suspension shall be imposed in accordance with the provisions of
section six, article three, chapter seventeen-b of this code:
Provided, That any person who has had his or her license to operate
a motor vehicle in this state suspended pursuant to this subsection
and his or her failure to pay is based upon inability to pay may,
if he or she is employed on a full or part-time basis, petition to
the circuit court for an order authorizing him or her to operate a
motor vehicle solely for employment purposes. Upon a showing
satisfactory to the court of inability to pay, employment and
compliance with other applicable motor vehicle laws, the court
shall issue such an order.
(2) In addition to the provisions of subdivision (1) of this
subsection, if any costs, fines, fees, forfeitures, restitution or
penalties imposed or ordered by the magistrate court for a hunting
violation described in chapter twenty of this code are not paid
within one hundred eighty days from the date of judgment and the
expiration of any stay of execution, the magistrate court clerk or,
upon a judgment rendered on appeal, the circuit clerk shall notify the director of the division of natural resources of such failure
to pay. Upon such notice, the director of the division of natural
resources shall suspend any privilege the person failing to appear
or otherwise respond may have to hunt in this state, including any
hunting license issued to the person by the division of natural
resources, until all the costs, fines, fees, forfeitures,
restitution or penalties are paid in full.
(3) In addition to the provisions of subdivision (1) of this
subsection, if any costs, fines, fees, forfeitures, restitution or
penalties imposed or ordered by the magistrate court for a fishing
violation described in chapter twenty of this code are not paid
within one hundred eighty days from the date of judgment and the
expiration of any stay of execution, the magistrate court clerk or,
upon a judgment rendered on appeal, the circuit clerk shall notify
the director of the division of natural resources of such failure
to pay. Upon such notice, the director of the division of natural
resources shall suspend any privilege the person failing to appear
or otherwise respond may have to fish in this state, including any
fishing license issued to the person by the division of natural
resources, until all the costs, fines, fees, forfeitures,
restitution or penalties are paid in full.
(d) (1) If a person charged with any criminal violation of
this code fails to appear or otherwise respond in court, the
magistrate court shall notify the commissioner of the division of motor vehicles thereof within fifteen days of the scheduled date to
appear, unless the person sooner appears or otherwise responds in
court to the satisfaction of the magistrate. Upon such notice, the
division of motor vehicles shall suspend any privilege the person
failing to appear or otherwise respond may have to operate a motor
vehicle in this state, including any driver's license issued to the
person by the division of motor vehicles, until final judgment in
the case and, if a judgment of guilty, until such time that all the
costs, fines, fees, forfeitures, restitution or penalties imposed
are paid in full. The suspension shall be imposed in accordance
with the provisions of section six, article three, chapter
seventeen-b of this code.
(2) In addition to the provisions of subdivision (1) of this
subsection, if a person charged with any hunting violation
described in chapter twenty of this code fails to appear or
otherwise respond in court, the magistrate court shall notify the
director of the division of natural resources of such failure
thereof within fifteen days of the scheduled date to appear, unless
the person sooner appears or otherwise responds in court to the
satisfaction of the magistrate. Upon such notice, the director of
the division of natural resources shall suspend any privilege the
person failing to appear or otherwise respond may have to hunt in
this state, including any hunting license issued to the person by
the division of natural resources, until final judgment in the case and, if a judgment of guilty, until such time that all the costs,
fines, fees, forfeitures, restitution or penalties imposed are paid
in full.
(3) In addition to the provisions of subdivision (1) of this
subsection, if a person charged with any fishing violation
described in chapter twenty of this code fails to appear or
otherwise respond in court, the magistrate court shall notify the
director of the division of natural resources of such failure
thereof within fifteen days of the scheduled date to appear, unless
the person sooner appears or otherwise responds in court to the
satisfaction of the magistrate. Upon such notice, the director of
the division of natural resources shall suspend any privilege the
person failing to appear or otherwise respond may have to fish in
this state, including any fishing license issued to the person by
the division of natural resources, until final judgment in the case
and, if a judgment of guilty, until such time that all the costs,
fines, fees, forfeitures, restitution or penalties imposed are paid
in full.
(e) In every criminal case which involves a misdemeanor
violation, a magistrate may order restitution where appropriate
when rendering judgment.
(f) (1) If all costs, fines, fees, forfeitures, restitution or
penalties imposed by a magistrate court and ordered to be paid are
not paid within one hundred eighty days from the date of judgment and the expiration of any stay of execution, the clerk of the
magistrate court shall notify the prosecuting attorney of the
county of such nonpayment and provide the prosecuting attorney with
an abstract of judgment. The prosecuting attorney shall file the
abstract of judgment in the office of the clerk of the county
commission in the county where the defendant was convicted and in
any county wherein the defendant resides or owns property. The
clerks of the county commissions shall record and index the
abstracts of judgment without charge or fee to the prosecuting
attorney, and when so recorded, the amount stated to be owing in
the abstract shall constitute a lien against all property of the
defendant.
(2) When all the costs, fines, fees, forfeitures, restitution
or penalties described in subdivision (1) of this subsection for
which an abstract of judgment has been recorded are paid in full,
the clerk of the magistrate court shall notify the prosecuting
attorney of the county of such payment and provide the prosecuting
attorney with a release of judgment, prepared in accordance with
the provisions of section one, article twelve, chapter thirty-eight
of this code, for filing and recordation pursuant to the provisions
of this subdivision. Upon receipt from the clerk, the prosecuting
attorney shall file the release of judgment in the office of the
clerk of the county commission in each county where an abstract of
the judgment was recorded. The clerks of the county commissions shall record and index the release of judgment without charge or
fee to the prosecuting attorney.
NOTE: The purpose of this bill is to clarify that magistrates
shall accept payment of fines and costs from a person on a payment
plan, notwithstanding the fact that the payment is premature. The
bill also clarifies that a defendant may pay the balance owed in
full or in part at any time.
Strike-throughs indicate language which would be stricken; and
underlining indicates new language which would be added.