HB 2805
Increase the penalties for contempt of court in a magistrate court
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill increases the penalties for contempt of court in West Virginia magistrate courts. It raises the maximum fines for first, second, and subsequent offenses, increasing them from $50/$100 and $100/$250 to $100/$500 respectively. Individuals found in contempt may also be ordered to complete community service, and for the most serious offenses, imprisonment for up to 20 days. Appeals from a magistrate’s contempt conviction can be made to the circuit court.
Key provisions
- Increases maximum fines for contempt of court in magistrate court.
- First offense: Fine up to $100, community service.
- Second offense: Fine up to $250, community service.
- Third or subsequent offense: Fine up to $500, or up to 20 days in jail.
- Allows for issuance of arrest warrants.
- Provides a right to be heard before judgment.
- Establishes an appeal process to the circuit court.
- Appeals are handled as in criminal cases.
Who is affected
- Individuals subject to magistrate court proceedings
- Magistrate court judges
- County jail administrators
- Legal professionals involved in magistrate court
- Members of the public attending magistrate court
Notable changes
- Increases fines for contempt of court offenses.
- Allows for potential jail time for contempt convictions.
- Clarifies the scope of offenses considered contempt.
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