Senate Bill No. 335
(By Senators Wooton, Ball, Bowman, Dittmar, Fanning, Hunter,
Oliverio, Ross, Schoonover, Snyder, White, Buckalew, Deem, Kimble
and Scott)
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[Originating in the Committee on the Judiciary;
reported March 13, 1997.]
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A BILL to amend article seven, chapter fifty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
eight, relating to furnishing transcripts to indigent
persons in juvenile delinquency and juvenile abuse and
neglect proceedings; and providing for the payment of
furnished transcripts to indigents.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter fifty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
eight, to read as follows:
ARTICLE 7. OFFICIAL REPORTERS.
§51-7-8. Transcripts to be furnished indigent persons in juvenile
delinquency and child abuse and neglect proceedings upon
timely request; payment therefor.
In any proceeding held pursuant to chapter forty-nine of
this code in which an indigent respondent or his or her counsel has filed a written request, in the manner prescribed by the
supreme court of appeals, evidencing an intent to appeal a
decision of a circuit court in the proceeding, the court or judge
thereof in vacation, upon presentation of a written request,
presented within thirty days after the entry of the order sought
to be appealed, shall authorize and direct the court reporter to
furnish a transcript of the testimony of the proceeding or the
part or parts thereof that have specifically been requested.
The court, after being sufficiently satisfied of the
reasonableness of a voucher or claim submitted for payment, shall
certify the claimed cost to the state auditor, who shall, in a
timely manner, pay the court reporter's fee from existing
accounts within the state treasury that have been specifically
appropriated by the supreme court of appeals for the payment of
court reporters' costs incurred pursuant to the requirements of
this section.
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(NOTE: The purpose of this bill is to provide for the
provision of transcripts of proceedings involving juvenile
delinquency, or child abuse and neglect, to indigent persons and
to provide for payment to the court reporter who provides the
transcripts.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)