Senate Bill No. 201
(By Senator R. White)
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[Introduced January 24, 2007; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §61-3-39h of the Code of West Virginia,
1931, as amended, relating to payment of costs in worthless
check cases; and preventing multiple assessments of costs
against a complainant who is paid restitution for worthless
check charges dismissed as part of a plea agreement.
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 the costs as may otherwise be imposed against the
drawer of any 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:
Provided, That, if multiple charges are pending against
the defendant pursuant to sections thirty-nine or thirty-nine-a of
this article and the defendant pleads guilty or no contest to one
or more of the charges in exchange for dismissal of other alleged
violations pursuant to a plea agreement, the defendant shall be
assessed costs for the prosecution of each case for which he or she
stands convicted, and any person or entity to whom restitution is
paid pursuant to the plea agreement may not be assessed costs for
the filing or prosecution of any charges dismissed pursuant to the
plea agreement.
Costs collected by magistrate court for issuance of notice as
authorized by section thirty-nine-g of this article 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 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. After payment of these
expenses, or after a determination that these services are not
necessary, a county may appropriate and spend from the fund the
sums 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.
NOTE: The purpose of this bill is to prevent multiple
assessments of costs against a complainant who is paid restitution
for worthless check charges dismissed as part of a plea agreement.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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