HB2910 HFAT Capito 3-2

Casto 3264

Delegate Capito moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. House Bill No. 2910 -- H. B. 2910 -- A Bill to amend and reenact §50-1-2, §50-1-3, and §50-1-13 of the Code of West Virginia, 1931, as amended, all relating generally to magistrates; relating to the allocation of magistrates serving in each county; setting a standardized formula for magistrate apportionment; providing for adjustment of those numbers of magistrates every 10 years following the census; removing the cap of 158 magistrates statewide; requesting the Chief Justice of the Supreme Court of Appeals develop a rule creating a system in which magistrates may be assigned on a temporary rotating basis outside the county of their election or appointment to preside over initial appearances, petitions for domestic violence, emergency protective orders, emergency mental hygiene petitions, emergency juvenile delinquency petitions, and applications for issuance of search warrants in counties in which he or she was not elected or appointed; granting the court authority to organize the system on a circuit-wide or regional basis as the court chooses; clarifying that magistrates may preside remotely if the Supreme Court of Appeals determines it appropriate; and eliminating antiquated language.

Adopted

Rejected