H. B. 4361


(By Delegates Kessler, Walters, Burdiss,
Rodighiero, Moye, Gall, Staggers and Barker)
[Introduced January 31, 2008; referred to the
Committee on the Judiciary then Finance.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §50-3-2c, relating to prohibiting magistrates from imposing more than one court cost fee per hearing; and prohibiting magistrates from imposing multiple court cost fees if the resolution of a matter requires more than one hearing.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated, §50-3-2c, to read as follows:
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-2c. Prohibition of certain costs.
(a) Notwithstanding any provision in the code to the contrary, a magistrate court may not impose more than one court cost fee per hearing.
(b) Notwithstanding any provision in the code to the contrary, a magistrate court may not impose more than one court cost fee for multiple hearings, on the same day or other dates, that may be necessary to resolve or conclude the same infraction, issue or matter before it.



NOTE: The purpose of this bill is to prohibit magistrates from imposing multiple court cost fees for the same matter.

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