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.