SB 29 — Providing fee for processing of criminal bonds

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Red = new code to be enacted  WESTWEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 29 By Senators Swope, Jeffries, Woodrum, Takubo, and Nelson [Introduced[Originating Januaryin 12,the 2022;Committee on the Judiciary;

referredreported on February 23, 2022]     A BILL to theamend Committeeand onreenact §50-3-2 of the Judiciary;Code of West Virginia, 1931, as amended;

and then to the Committee on Finance] A BILL to amend and reenact §50-3-2§59-1-10 of thesaid Codecode, ofall West Virginia, 1931, as amended, relating to providing a fee for the processingCourthouse ofFacilities criminalImprovement bonds.Authority generally;

imposing a $10 processing fee for criminal bail bonds, other than personal recognizance bonds, which fee is to be deposited in the Courthouse Facilities Improvement Fund;

imposing a $25 fee for the processing of bail pieces,  the revenue from which is deposited in the Courthouse Facilities Improvement Fund;

and increasing the fee for a deed of conveyance with the increase dedicated to the Courthouse Facilities Improvement Fund.

CHAPTER 50.

MAGISTRATE COURTS.

(a) In each criminal case before a magistrate court in which the defendant is convicted, whether by plea or at trial, there is imposed, in addition to other costs, fines, forfeituresforfeitures, or penalties as may be allowed by law:

Notwithstanding any other provision of this code, a person liable for fines and court costs in a criminal proceeding in which the defendant is confined in a jail or prison and not participating in a workwork-release release program shall not be held liable for the fines and court costs until one hundred eighty 180 days after completion of the term in jail or prison.

A magistrate court shall, on or before the 10th day of the month following the month in which the fees imposed in this section were collected, remit an amount equal to the one-day per diem provided for in §15A-3-16(g) of this code from each of the criminal proceedings in which the fees specified in this section were collected to to the magistrate court clerk, or if there is no magistrate court clerk to the clerk of the circuit, together with information as may be required by the rules of the Supreme Court of Appeals and the rules of the Office of Chief Inspector.

Amendments made to this section during the 2001 regular session of the Legislature,Legislature are effective after June 30, 2001.

(c) In each criminal case which must be tried by the circuit court but in which a magistrate renders some service, costs in the amount of $10 shall be imposed by the magistrate court and is shall be certified to the clerk of the circuit court in accordance with the provisions of §62-5-6 of this code.

(d) The clerk of a magistrate court shall charge and collect a fee of $25$10 for services rendered by the clerk for processing of criminal bonds and the feefees which shall be paidassessed atas thecosts time of issuance by the personproceeding ordue entityonly setupon forthconviction. below;

(1)(e) ForAll cashfees bonds,collected thepursuant feeto this subsection shall be paiddeposited byin the personCourthouse tenderingFacilities cashImprovement asFund bond;created by §29-26-6 of this code.

(2)Nothing Forin recognizancethis bondssubsection securedmay bybe realconstrued estate,to theimpose a fee shallfor be paid by the ownerprocessing of thea realpersonal estaterecognizance servingbond. as surety;

(3)(f) ForThe recognizanceclerk bondsof secureda magistrate court shall charge and collect a fee of $25 for services rendered by the clerk for processing a suretybail company,piece and the fee shall be paid by the surety company;at the time of issuance.

(4) For 10 percent recognizance bonds with surety, the fee shall be paid by the person serving as surety;

and (5) For 10 percent recognizance bonds without surety, the fee shall be paid by the person tendering 10 percent of the bail amount.

In instances in which the total of the bond is posted by more than one bond instrument, the above fee shall be collected at the time of issuance of each bond instrument processed by the clerk and all fees collected pursuant to this subsection shall be deposited in the Courthouse Facilities Improvement Fund created by §29-26-6 of this code.

Nothing in this subsection authorizes the clerk to collect the above fee from any person for the processing of a personal recognizance bond.

(e) The clerk of a magistrate court shall charge and collect a fee of $10 for services rendered by the clerk for processing of bail piece and the fee shall be paid by the surety at the time of issuance.

 CHAPTER NOTE:59.

TheFEES, purposeALLOWANCES, ofAND thisCOSTS; bill is to provide for a fee for the processing of criminal bonds.

Strike-throughsNEWSPAPERS; indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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ARTICLE 1.

FEES AND ALLOWANCES.

§59-1-10.

Fees to be charged by clerk of county commission.

For the purpose of this section, the word “page” is defined as being a paper or electronic writing of not more than legal size, 8 1/2” x 14”.

(a) When a writing is admitted to the record, for receiving proof of acknowledgment thereof, of the writing, entering an order in connection therewith, with the writing, endorsing clerk’s certificate of recordation thereon on the writing and indexing in a proper index, the clerk of the county commission shall charge and collect the following fees:

(1) Twenty-five Thirty dollars for a deed of conveyance (with or without a plat), trust deed, fixture filing, or security agreement concerning real estate lease.

(2) Forty dollars for a trustee’s report of sale for any property for which additional information and filing requirements are required by section eight-a, article one, chapter thirty-eight §38-1-8a of this code.

Twenty dollars of each recording fee received pursuant to this subdivision shall be deposited into the county’s general revenue fund and $20 paid quarterly by the clerk of the county commission to the West Virginia Housing Development Fund established in article eighteen, chapter thirty-one  §31-18-1 et seq.

of this code.

(3) Ten dollars for a financing, continuation, termination, or other statement or writing permitted to be filed under chapter forty-six of this code.

(4) Ten dollars for a plat or map (with no deed of conveyance).

(5) No charge for a service discharge record.