Senate Bill No. 432
(By Senator Oliverio)
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[Introduced February 3, 2003; referred to the Committee on the
Judiciary.]
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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 deleting the provision
requiring magistrates to set payment plans when they collect
a portion of a fine.
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.
(c) (b) (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) (c) (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) (d) In every criminal case which involves a misdemeanor
violation, a magistrate may order restitution where appropriate
when rendering judgment.
(f) (e) (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
delete the provision
requiring magistrates to set payment plans when they collect a
portion of a fine
.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.