§ 14-2A-4 — Creation of crime victims compensation fund

West Virginia § 14-2A-4

• Jurisdiction: West Virginia
• Ch. 14: CLAIMS DUE AND AGAINST THE STATE
• Art. 2A: COMPENSATION AWARDS TO VICTIMS OF CRIMES

Text

(a) Every person within the state who is convicted of or pleads guilty to a misdemeanor offense, other than a traffic offense that is not a moving violation, in any magistrate court or circuit court, shall pay the sum of $10 as costs in the case, in addition to any other court costs that the court is required by law to impose upon the convicted person. Every person within the state who is convicted of or pleads guilty to a misdemeanor offense, other than a traffic offense that is not a moving violation, in any municipal court, shall pay the sum of $8 as costs in the case, in addition to any other court costs that the court is required by law to impose upon the convicted person. In addition to any other costs previously specified, every person within the state who is convicted of or pleads guilty to a violation of section two, article five, chapter seventeen-c of this code, shall pay a fee in the amount of twenty percent of any fine imposed under that section. This is in addition to any other court costs required by this section or which may be required by law.

(b) The clerk of the circuit court, magistrate court or municipal court where the additional costs are imposed under the provisions of subsection (a) of this section shall, on or before the last day of each month, transmit all costs received under this article to the state Treasurer for deposit in the state Treasury to the credit of a special revenue fund to be known as the "Crime Victims Compensation Fund". All moneys collected and received under this article and paid into the state Treasury and credited to the Crime Victims Compensation Fund in the manner prescribed in section two, article two, chapter twelve of this code, shall be kept and maintained for the specific purposes of this article, and may not be treated by the Auditor and treasurer as part of the general revenue of the state.

(c) Expenditure of moneys in the Crime Victims Compensation Fund is authorized from collections.

(d) Moneys in the Crime Victims Compensation Fund may be expended for:

(1) The payment of the costs of administration of this article;

(2) The payment of economic loss awards approved by the court; and

(3) The payment of attorney and witness fees, allowed pursuant to section nineteen of this article.

(e) The services of the office of the Attorney General, as may be required or authorized by any of the provisions of this article, shall be rendered without charge to the fund.

(f) Any moneys in the Crime Victims Compensation Fund may be invested as provided in article six, chapter twelve of this code, with the interest income credited to the Crime Victims Compensation Fund.

(g) All funds in the special economic loss claim payment fund created under the provisions of section twenty of this article prior to the amendments made in that section enacted in the year 1999 shall be transferred to the Crime Victims Compensation Fund within a reasonable time from the effective date of the amendments.

(h) All gifts that are received to be used for the purposes of this article shall be deposited into the Crime Victims Compensation Fund.

Legislative History

1999 Reg. Sess., HB2758; 1997 Reg. Sess., HB2148; 1996 Reg. Sess., SB19; 1992 Reg. Sess., HB4711; 1990 Reg. Sess., HB4256; 1988 Reg. Sess., HB4426; 1985 Reg. Sess., HB2125; 1981 Reg. Sess., HB857; 1949 Reg. Sess., HB351