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SB600 SUB1 Senate Bill 600 History

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SB600 SUB1
COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 600

(By Senators Chafin, Plymale, Bailey, Yoder,

Jenkins, Helmick and Hunter)

____________

[Originating in the Committee on the Judiciary;

reported March 24, 2005.]

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A BILL to amend and reenact §62-3-21 of the Code of West Virginia, 1931, as amended, relating to requiring prosecuting attorneys to show cause why incarcerated defendants should not be released on bond at beginning of a new term of court.

Be it enacted by the Legislature of West Virginia:
That §62-3-21 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. TRIAL OF CRIMINAL CASES.
§62-3-21. Discharge for failure to try within certain time; requiring prosecutors to show cause why bail should not be reduced.

(a) Every person charged by presentment or indictment with a felony or misdemeanor, and remanded to a court of competent jurisdiction for trial, shall be forever discharged from prosecution for the offense, if there be three regular terms of such court, after the presentment is made or the indictment is found against him or her, without a trial, unless the failure to try him or her was caused by his or her insanity; or by the witnesses for the state being enticed or kept away, or prevented from attending by sickness or inevitable accident; or by a continuance granted on the motion of the accused; or by reason of his or her escaping from jail, or failing to appear according to his or her recognizance, or of the inability of the jury to agree in their verdict; and every person charged with a misdemeanor before a justice of the peace magistrate, city police judge or any other inferior tribunal and who has therein been found guilty and has appealed his or her conviction of guilt and sentence to a court of record, shall be forever discharged from further prosecution for the offense set forth in the warrant against him or her, if after his or her having appealed such conviction and sentence, there be three regular terms of such court without a trial, unless the failure to try him or her was for one of the causes hereinabove set forth relating to proceedings on indictment.
(b) Every defendant incarcerated while awaiting trial for whom bail has been previously set shall be entitled at his or her request to a hearing at the beginning of each term of court in which he or she is incarcerated at which the State shall be required to show cause why the defendant should not be released on a personal recognizance bond or to bond with home incarceration as a condition thereof.
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(NOTE: The purpose of this bill is to require bond review of incarcerated defendants at the beginning of each new term of court.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)
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