SB 663 — Providing fee for processing of criminal bonds

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 663 By SenatorSenators Swope [Introducedand MarchWoodrum 18,[Originating 2021;in the Committee on the Judiciary;

referredreported on March 25, 2021]     A BILL to amend and reenact §50-3-2 of the CommitteeCode onof West Virginia, 1931, as amended, relating to providing for a fee for the Judiciary;processing of criminal bonds and the bail piece;

and thenrequiring toall thecollected Committeefees on Finance] A BILL to amendbe anddeposited reenactin §50-3-2 of the CodeCourthouse ofFacilities WestImprovement Virginia,Fund. 1931, as amended, relating to providing for a fee for the processing of criminal bonds.

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 work 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 codecode, from each of the criminal proceedings in which the fees specified in this section were collected to the magistrate court clerk, or if there is no magistrate court clerk to the clerk of the circuit,circuit court, 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.

(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 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 for services rendered by the clerk for the processing of criminal bondsbonds. and the fee shall be paid at the time of issuance by the person or entity set forth below;

All fees collected pursuant to this subsection shall be deposited in the Courthouse Facilities Improvement Fund created by §29-26-6 of this code.

The fee shall be paid at the time of issuance by the person or entity set forth in this subsection:

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(6) instancesWhen in which the total of the bond is posted by more than one bond instrument, the above$25 fee shall be collected at the time of issuance offor each bond instrument processed by the clerkclerk.  and(7) allNothing feesin collected pursuant to this subsection shallauthorizes bethe depositedclerk into collect the Courthouse$25 Facilitiesfee Improvementfrom Fundany createdperson byfor §29-26-6the processing of thisa code.personal recognizance bond.

Nothing(e) inThe thisclerk subsectionof authorizesa magistrate court shall charge and collect a fee of $10 for services rendered by the clerk tofor collectprocessing of the abovebail piece and the fee fromshall anybe personpaid forby the processingsurety ofat athe personaltime recognizanceof bond.issuance.

(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.

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The purpose of this bill is to provide for a fee for the processing of criminal bonds.

Strike-throughs 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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