H. B. 4374
(By Delegates Shook and DeLong)
[Introduced February 1, 2008; 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 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 ten thousand dollars and may, in the discretion of the
court, be confined in jail not more than thirty days.
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.