H. B. 4434


(By Delegates Craig, Leach and Morgan)
[Introduced February 6, 2006; referred to the
Committee on Political Subdivisions then Finance.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-11-1c, relating to costs assessed against certain criminal defendants in municipal courts; adding a cost to benefit counties; and addressing distribution of costs when a defendant fails to pay any or only part of assessed costs.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §8-11-1c, to read as follows:
ARTICLE 11. POWERS AND DUTIES WITH RESPECT TO ORDINANCES AND ORDINANCE PROCEDURES.

§8-11-1c. Additional assessment of costs for counties.
(a) In addition to any other costs which may be lawfully imposed, the additional cost provided in subsection (b) of this section shall be imposed in each criminal case before a mayor or in the municipal court of a municipality in which the defendant is convicted, whether by plea or at trial, under the provisions of a municipal ordinance, including, but not limited to:
(1) A traffic offense constituting a moving violation, regardless of whether the penalty for the violation provides for a period of incarceration; and
(2) Any other offense for which the ordinance prescribing the offense provides for a period of incarceration.
(b) The additional cost shall be imposed in an amount equal to the per diem costs for incarcerating county inmates in a regional jail for one day, as determined pursuant to article twenty, chapter thirty-one of this code.
(c) The clerk of each municipal court, or other person designated to receive fines and costs, shall at the end of each month pay the treasury of the county in which the municipality is located the total amount of the additional costs collected under this section, except:
(1) If a defendant has failed to pay any costs assessed against him or her on account of the offense, no payment on account of that defendant's offense may be made to the treasury of the county; or
(2) If a defendant pays only a portion of the costs assessed on account of the offense, the county is only entitled to its pro rata share of the total costs collected on account of the defendant's offense.



NOTE: The purpose of this bill is to
require municipal courts to impose an additional cost on certain defendants to benefit counties.

This section is new; therefore, strike-throughs and underscoring have been omitted.