H. B. 4053
(By Delegates Smith, J., Ferrell, Hunt,
Hutchins, Rowe, Capito,
and White, L.)
[Introduced January 14, 2000; referred
to the Committee on the Judiciary then
Finance.]
A BILL to amend and reenact section thirty-nine-i
, article three,
chapter sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the use and
distribution of lists of worthless check warrants;
creating a worthless check registry; and allowing
reasonable fees for the costs of duplication.
Be it enacted by the Legislature of West Virginia:
That section thirty-nine-i
, article three,
chapter sixty-one
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-39i. Preparation and distribution of list of worthless check
warrants.
(a) Beginning on the first day of July, one thousand nine
hundred eighty-three, the The magistrate court clerk of every county shall, between the first and fifth day of each month
thereafter, prepare a cumulative list of all worthless check
warrants issued by the magistrates of the county during the
preceding twelve calendar months and after the effective date of
this section: Provided, That upon completion of each cumulative
list, the list which was completed for the next preceding month and
any copy thereof shall be destroyed by the magistrate court clerk.
Upon completion of each cumulative list, the magistrate court clerk
shall destroy the list completed for the next preceding month and
any copies of the list. The list is to contain the full name of
the person charged in the warrant, his or her home address, the
county of his or her residence, date of birth, and motor vehicle
operator's number, as these items are available in the warrant.
The persons charged in such the warrants shall be are to be listed
alphabetically. Such The list shall must also contain the total
number of warrants issued against each named person for the period
covered by the report list, the number assigned to each warrant,
and the date each such warrant was issued. A copy of such the
cumulative list of worthless check warrants shall is to be
forthwith forwarded to each magistrate in the county and to, the
prosecuting attorney, thereof, and the criminal identification
bureau of the West Virginia state police. Upon the request of
magistrates or prosecutors in other counties of this state, such
the lists shall are to be regularly forwarded to them.
(b) Upon the request of a member of the public, magistrate
court clerks shall make available the most recent list of worthless
check warrants prepared pursuant to subsection (a) of this section.
Magistrate court clerks may charge those making a request the
reasonable costs of duplication, pursuant to the administrative
rules for magistrate courts.
(c) Upon receipt of the lists of worthless check warrants from
each county, the criminal identification bureau of the West
Virginia state police shall combine the lists to create a worthless
check registry. Upon the request of a member of the public, the
criminal identification bureau of the West Virginia state police
shall make available copies of the worthless check registry. The
criminal identification bureau may charge those making a request
the reasonable costs of duplication. In addition to making copies
of the worthless check registry available, the criminal
identification bureau shall make the information contained in the
worthless check registry accessible through the internet.
(d) No public employee or public agency engaged in the receipt
and distribution of the lists of worthless check warrants or the
worthless check registry may incur any civil liability for damages
arising out of any action relating to the provisions of this
section, except when the employee or agency acted with gross
negligence or in bad faith.
(e) Upon the dismissal of a worthless check warrant, the magistrate court clerk shall remove the information listed relating
to that warrant from the current list of worthless check warrants
and shall notify the criminal identification bureau of the removal.
Upon notification from a magistrate court clerk of the removal of
information from the current list of worthless check warrants, the
criminal identification bureau shall remove that information from
the worthless check registry.
NOTE: The purpose of this bill is to clarify that members of
the public may obtain worthless check lists subject to the costs of
duplication.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
This bill was recommended by the Joint Standing Committee on
the Judiciary for introduction and passage at the 2000 legislative
session.