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Introduced Version House Bill 2262 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2262


(By Delegate Shook)
[Introduced January 13, 2010; 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 crimes against public policy; and 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 $10,000 or confined in jail not more than thirty days, or both fined and confined.




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.
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