COMMITTEE SUBSTITUTE

FOR

H. B. 4294

(By Delegates Cann, Fragale, Iaquinta,

Stalnaker, Perry and Varner)


(Originating in the Committee on the Judiciary)

[February 20, 2004]


A BILL to amend and reenact §61-3-39h of the code of West Virginia, 1931, as amended, relating to removing the requirement that funds expended from the worthless check fund to pay for additional deputy clerks be proportionate to the time expended on worthless check cases.

Be it enacted by the Legislature of West Virginia:
That §61-3-39h of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-39h. Payment of costs in worthless check cases; disposition of certain costs.

In any prosecution under sections thirty-nine or thirty-nine-a of this article such the costs as may otherwise be imposed against the drawer of any such check, draft or order shall be imposed on the person initiating the prosecution if payment of the check, draft or order is accepted by the payee or holder thereof after the filing of a complaint for warrant; if the payee or holder had reason to believe that the check, draft or order would be dishonored or if the same was postdated; or if the matter is dismissed for failure to prosecute.
Costs collected by magistrate court for issuance of notice as authorized by section thirty-nine-g of this article shall may not be paid into the special county fund created by the provisions of section four, article three, chapter fifty of this code, but shall be accounted for separately and retained by the county in a fund designated the "worthless check fund," until the sheriff shall issue warrants in furtherance of the allowable expenses specifically provided for by this section. Such costs shall may not be included in any calculation of the amount of funds to be retained by the county under the provisions of section four, article three, chapter fifty of this code.
A county may, after agreement with the court administrator's office of the supreme court of appeals, appropriate and spend from the worthless check fund herein established such sums as shall be necessary to pay or defray the expenses of providing a deputy sheriff to serve warrants for worthless check offenses and to pay or defray the expenses of providing additional deputy clerks in the office of the magistrate court clerk. to process cases involving worthless checks. Provided, That sums agreed to be appropriated for such deputy sheriffs or deputy clerks shall be proportionate to the time such employees devote to worthless check cases After payment of such these expenses, or after a determination that such these services are not necessary, a county may appropriate and spend from such the fund such the sums as shall be necessary to defray the expenses of providing bailiff and service of process services by the sheriff, to defray the cost of acquiring or renting magistrate court offices and providing utilities and telephones therefor to defray the cost of complying with section thirty-nine-i herein and to defray the expenses of such other services which are to be provided to magistrate courts by the county.

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