ENROLLED
Senate Bill No. 415
(By Senators Kessler, Oliverio, Chafin, Foster, Hunter, Minard, Stollings,
Wells, White, Barnes, Caruth, Deem, Hall, McKenzie and Yoder)
____________
[Passed March 7, 2007; in effect ninety days from passage.]
_____________
AN ACT 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 of twenty-five dollars for criminal records
checks.
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
filed within the time allotted, the records of the proceedings
shall be forwarded to the magistrate court clerk. The records
shall be maintained by 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,
who shall promulgate the rules only after consultation with the
Supreme Court of Appeals.
The magistrate court shall prepare and submit the reports as
may be required by the rules of the Supreme Court of Appeals or by
the 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 25-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 general fund in the State Treasury on or before the
tenth day of the following month.
Email
Webmaster | © 2024 West Virginia Legislature **
