Senate 952

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

Senate Bill 952

By Senator Oliverio

[Introduced February 16, 2026; referred
to the Committee on Government Organization; and then to the Committee on Finance]

A BILL and to amend and reenact §51-3-14 and §51-3-15 of the Code of West Virginia, 1931, as amended; and to repeal §51-3-17, relating to court security; transferring Court Security Fund from Department of Military Affairs and Public Safety to Supreme Court of Appeals; authorizing appropriation by Legislature to pay expenses of court in administering fund; modifying membership of Court Security Board; and eliminating legislative rule-making requirements for Court Security Board.

Be it enacted by the Legislature of West Virginia:

ARTICLE 3. COURTS IN GENERAL.

§51-3-14. Court security fund.

(a) The offices and the clerks of the magistrate courts and the circuit courts shall, on or before the tenth day of each month, transmit all fees and costs received for the Court Security Fund in accordance with the provisions of §50-3-1 and §50-3-2 of this code and §59-1-11 of this code for deposit in the state Treasury to the credit of a special revenue fund to be known as the Court Security Fund, which is hereby created under the Department of Military Affairs and Public Safety Supreme Court of Appeals. The Court Security Fund may receive any gifts, grants, contributions or other money from any source which is specifically designated for deposit in the fund. All moneys collected and received and paid into the state Treasury and credited to the Court Security Fund shall be expended by the board exclusively to implement the improvement measures agreed upon in accordance with the security plans submitted pursuant to section sixteen of this article §51-3-16 of this code and in accordance with an appropriation by the Legislature and to pay expenses of the Department of Military Affairs and Public Safety Supreme Court of Appeals in administering this fund, which expenses may not in any fiscal year exceed the lesser of three percent of the funds deposited into the court security fund or $30,000. Amounts collected which are found from time to time to exceed the funds needed for the purposes set forth in this article may be transferred to other accounts or funds and redesignated for other purposes upon appropriation by the Legislature.

(b) Notwithstanding any provision of this code to the contrary, after June 30, 2000, the court security board shall transfer such amounts from the Court Security Fund as may, from time to time, be directed by the Legislature in an appropriation act to the Domestic Violence Legal Services Fund created in §48-2C-4c of this code. Any moneys transferred to the Domestic Violence Legal Services Fund pursuant to the provisions of this section shall be expended for the purposes specified in said section.

§51-3-15. Court security board, terms.

(a) There is hereby created a court security board who shall make decisions on how the money in the court security fund is to be spent to enhance the security of courts. The board shall consist of seven six members and the administrative director of the Supreme Court of Appeals who shall serve ex officio and be the chair. The board shall be appointed as follows: One circuit court judge appointed by the judicial association; one magistrate appointed by the magistrate's association; one family law master judge appointed by the family law master's court judicial association; one member of the bar appointed by the president of the West Virginia State Bar; one representative of counties appointed by the West Virginia Association of Counties; and one representative of sheriffs appointed by the West Virginia sheriffs association; and one representative of the State Police appointed by the secretary of the Department of Military Affairs and Public Safety.

(b) The members of the board shall each serve terms that commence on July 1, 1996. Of the initial appointments to the board, two shall serve for two-year terms, two shall serve for three-year terms and two shall serve for four-year terms. Thereafter, each Each appointment shall be for a four-year term commencing upon the expiration of his or her previous term or of his or her predecessor's term. No member may be appointed for more than three consecutive terms. Vacancies shall be appointed in a like manner for the balance of an unexpired term.

(c) The board shall compile and keep a list of able and available law-enforcement officers who have obtained certification in compliance with the provisions of §30-29-5 of this code and who have maintained all necessary qualifications and firearms certifications to enable them to serve as bailiffs in court facilities. The board shall make the list available to all county sheriffs for their use in recruiting and hiring temporary, part-time or occasional bailiffs to exercise all the powers and duties of bailiffs in the court facilities in their counties.

§51-3-17. Promulgation of legislative rules.

[Repealed.]

NOTE: The purpose of this bill is to transfer the administration of the Court Security Fund from the Department of Military Affairs and Public Safety to the Supreme Court of Appeals; modify composition of the Court Security Board; and to eliminate legislative rulemaking requirements.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.