West Virginia Code


Chapter 62     Entire Code
‹ Chapter 61  |  Chapter 63 › Printer Friendly Versions
Chapter 62  |  Article 62 - 5


WVC 62-5-1 §62-5-1. Payment of witnesses.
Sections sixteen and seventeen of article one, and section sixteen of article two, chapter fifty-nine of this code shall apply to a person attending as a witness under a recognizance or summons in a criminal case whether the same be a felony or misdemeanor, as well as to a person attending under a summons in a civil case, except that in a criminal case, a person residing out of this state, who attends a court therein as a witness, shall be allowed by such court a proper compensation for attendance and travel to and from the place of his abode; the amount of the same to be fixed by such court. Such compensation and other allowances shall, in all criminal cases be paid out of the treasury of the state.

WVC 62-5-2 §62-5-2. Payment of witness fees and other legal charges by prosecutor.
The sum to which a witness is entitled who attends for the state, and any other legal charges incurred in a case wherein there is a prosecutor, shall be paid by such prosecutor as if he were the plaintiff in the case, unless there be a judgment against the defendant, in which case the same shall be taxed in the costs and paid to the persons entitled thereto, by the sheriff or other officer who may receive the same.

WVC 62-5-3 §62-5-3.

Acts, 1975 Reg. Sess., Ch. 126.

WVC 62-5-4 §62-5-4. Fees of officer executing process or rendering service out of county in felony cases.
A sheriff or other officer, for traveling out of his county to execute process in a case of felony and doing any act in the service thereof for which no other compensation is provided, shall receive therefor, out of the treasury, such compensation as the court from which the process issued may certify to be reasonable. When in such case an officer renders any service for which no specific compensation is provided, the court in which the case may be, may allow therefore what it deems reasonable, and such allowance shall be payable out of the treasury.

WVC 62-5-5 §62-5-5. Certificate by the court as to fees and expenses.
The certificate required by section fifteen, article one, chapter fifty-nine of this code shall be made by the court in which the prosecution is, or to which the justice certifies, as hereinafter mentioned. Any other expense incident to a proceeding in a criminal case, which is payable out of the treasury, otherwise than under the preceding section, shall be certified by such court unless otherwise provided. With such certificate of allowance, there shall be transmitted to the auditor the vouchers on which it is made.

The entry of such certificate shall state how much thereof is on account of each person prosecuted.

WVC 62-5-6 §62-5-6. Expenses of preliminary hearing before justice certified to clerk.
A justice before whom there is any proceeding in a criminal case, preliminary to prosecution in a circuit court or other court of record having jurisdiction in criminal cases, shall certify to the clerk of such court all the expenses incident to such proceeding which are payable out of the treasury.

WVC 62-5-7 §62-5-7. Execution for expenses incident to prosecution.
In every criminal case the clerk of the court in which the accused is convicted shall, as soon as may be, make up a statement of all the expenses incident to the prosecution, including such as are certified to him by a justice under the preceding section; and execution for the amount of such expenses shall be issued and proceeded with, and article four of this chapter shall apply thereto in like manner as if, on the day of completing such statement, there was judgment in such court in favor of the state against the accused for such amount as a fine.

WVC 62-5-8 §62-5-8. Failure to present claim in time.
If, by reason of the failure of a person to present his claim in due time, a sum be not included in such execution, which would have been included if so presented, such claim, unless there be good cause shown for the failure, shall be disallowed.

WVC 62-5-9 §62-5-9. Fee to prosecuting attorney out of state treasury; judgment against state for costs.
No fee to any prosecuting attorney shall be payable out of the treasury, unless it be expressly provided. And in no case shall there be a judgment against the state for costs.

WVC 62 - 5 - 10 §62-5-10. Mandatory cost assessed upon conviction of a felony.
(a) Every circuit court shall assess, in every felony criminal matter as a cost to the defendant, an assessment in the sum of seventy-five dollars for each felony count of conviction. The assessment referred to herein shall be paid upon adjudication of guilt unless the court determines that the defendant is unable to pay in such a manner in which case payment of the assessment shall be paid prior to final disposition. If the circuit court determines that a defendant is financially unable to pay the assessment prior to final disposition, payment of the assessment shall be a mandatory condition of probation or parole.

(b) The clerk of the circuit court wherein the assessment is imposed under the provisions of subsection (a) of this section shall, on or before the last day of each month, transmit all costs received pursuant to this section to the state treasurer for deposit as follows: Fifty dollars to the credit of the crime victims compensation fund created by the provisions of section four, article two-a, chapter fourteen of this code and twenty-five dollars to the credit of the West Virginia community corrections fund created by the provisions of section four, article eleven-c of this chapter.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.

Recent legislation affecting the Code

Citation Year/Session Short Title
§62 - 12 - 11 - (Amended Code)
PASSED - Regular Session

SB41 enr  (Uploaded - 10/02/2017)
Extending time person may be subject to probation
§62 - 1 D- 2 - (Amended Code)
PASSED - Regular Session

SB233 SUB1 enr  (Uploaded - 10/06/2017)
Excluding from protection oral communications uttered in child care center under Wiretapping and Electronic Surveillance Act
§62 - 7 - 10 - (Amended Code)
PASSED - Regular Session

SB455 SUB1 enr  (Uploaded - 10/02/2017)
Relating generally to commitment of persons to custody of Commissioner of Corrections
§62 - 12 - 13 - (Amended Code)
§62 - 12 - 23 - (Amended Code)
PASSED - Regular Session

SB515 SUB1 enr  (Uploaded - 10/02/2017)
Relating to parole requirements for hearings and release
§62 - 12 - 5 - (Amended Code)
PASSED - Regular Session

SB523 SUB1 enr  (Uploaded - 10/02/2017)
Converting to biweekly pay cycle for state employees
§62 - 1 D- 8 - (Amended Code)
PASSED - Regular Session

HB2318 SUB ENR  (Uploaded - 10/06/2017)
Relating generally to human trafficking
§62 - 11 B- 9 - (Amended Code)
PASSED - Regular Session

HB2726 SUB ENR  (Uploaded - 10/06/2017)
Authorizing home incarceration officers to arrest participants for violating the terms and conditions of his or her supervision with or without a court order
§62 - 15 - 9 A - (New Code)
PASSED - Regular Session

hb2766 ENR  (Uploaded - 10/06/2017)
Establishing a new special revenue fund, designated the Adult Drug Court Participation Fund
§62 - 6 B- 2 - (Amended Code)
§62 - 6 B- 6 - (New Code)
PASSED - Regular Session

SB504 SUB1 enr  (Uploaded - 03/18/2016)
Relating to confidentiality of juvenile records
§62 - 15 A- 1 - (Amended Code)
§62 - 15 A- 2 - (Amended Code)
§62 - 15 A- 3 - (Amended Code)
PASSED - Regular Session

HB4176 SUB ENR  (Uploaded - 03/18/2016)
Permitting the Regional Jail and Correctional Facility Authority to participate in the addiction treatment pilot program
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2017 West Virginia Legislature *