COMMITTEE SUBSTITUTE
FOR
H. B. 2790
(By Delegates Webster, Proudfoot, Stemple,
Varner, Longstreth and Kominar)
(Originating in the Committee on the Judiciary)
[February 14, 2007]
A BILL to amend and reenact §50-3-7 of the Code of West Virginia,
1931, as amended, relating to authorizing magistrate courts to
assess a fee for record searches.
Be it enacted by the Legislature of West Virginia:
That §50-3-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-7. Records of magistrate court; reports.
(a) Records of the judicial transactions of magistrate court
shall be kept as required by the rules of the Supreme Court of
Appeals. If, after judgment is rendered in a matter, no appeal is
taken filed within the time allotted, the records of such the
proceedings shall be forwarded to the magistrate court clerk. or,
if there is no magistrate court clerk, to the clerk of the Circuit
Court. Such The records shall be maintained by such the magistrate court clerk in accordance with the rules of the Supreme Court of
Appeals.
Records of the financial dealings of the magistrate court
shall be kept as may be required by the rules of the State Auditor,
chief inspector of public offices who shall promulgate such the
rules only after consultation with the Supreme Court of Appeals.
A The magistrate court shall prepare and submit such the
reports as may be required by the rules of the Supreme Court of
Appeals or by the chief inspector of public offices State Auditor.
(b) (1) Upon receipt of a written request, the magistrate
court clerk shall perform a criminal history record search of
criminal records in his or her possession. Each request shall be
accompanied by a twenty-five dollar fee for each name that is to be
the subject of the records search.
(2) The provisions of this subsection shall not apply to:
(A) Federal, state, county or municipal officials;
(B) Court-appointed attorneys;
(C) Prosecuting attorneys; and
(D) Persons utilizing court provided public access terminals.
(3) All moneys collected pursuant to this subsection shall be
remitted to the magistrate court fund established in each county by
chapter thirty-three, Acts of the Legislature, regular session, one
thousand nine hundred seventy-six, on or before the tenth day of
the following month.
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