H. B. 4374


(By Delegates Shook and DeLong)
[Introduced February 1, 2008; referred to the
Committee on the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-10-33, relating to making it a misdemeanor to file a frivolous lawsuit.

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 §61-10-33, to read as follows:
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.
§61-10-33. Frivolous lawsuits, frivolous insurance claims, or frivolous defenses.

(a) It is hereby declared a crime against the public policy of West Virginia to knowingly file a frivolous lawsuit, frivolous insurance claim or frivolous defense;
(b) A lawsuit, insurance claim, or defense is frivolous if it is known to be false and is made with the intent to defraud;
(c) Any person who knowingly files a frivolous lawsuit, frivolous insurance claim or frivolous defense, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding ten thousand dollars and may, in the discretion of the court, be confined in jail not more than thirty days.




NOTE: The purpose of this bill is to discourage the filing of any frivolous claims and keep the court system from being clogged with cases of no merit.

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