SB 358 — Imposing fee for processing criminal bonds

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 358 By Senator Trump [Introduced[Originating Januaryin 24,the 2018;Committee on the Judiciary;

Referredreported toon theFebruary Committee13, on2018] the  Judiciary]  A BILL to amend and reenact §50-3-2 of the Code of West Virginia, 1931, as amended, relating to definitionsauthorizing relatedthe toimposition costsof ina criminal$25 proceedingsclerk’s infee magistratefor court.processing criminal bonds;

establishing person responsible for payment of fee by type of bond issued;

exempting personal recognizance bonds from fee;

and providing that fees collected be deposited in the Magistrate Court Fund.

(1) Costs in the amount of $60, of which five$5 dollars of that amount shall be deposited in the Courthouse Facilities Improvement Fund created by §29-26-6 of this code;

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 180 days after completion of the term in jail or prison.

A magistrate court shall deposit five$5 dollars from each of the criminal proceedings fees collected pursuant to this section in the Court Security Fund created in §51-3-14 of this code.

A magistrate court shall, on or before the 10thtenth 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 §31-20-10(h) of this code 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 clerkclerk, 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.

(b) A magistrate shall assess costs in the amount of $2.50 for issuing a sheep warrant and the appointment and swearing in of appraisers and docketing the proceedings.

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

In instances in which the total of the bond is posted by more than one bond instrument, the above fee authorized by this subsection 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 Magistrate Court Fund described in §50-3-4 of this code.

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

NOTE:  The purpose of this bill is to establish a fee for processing the paperwork associated with criminal bonds in magistrate court.

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