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.