ENROLLED
Senate Bill No. 740
(By Senators Wooton, Burnette, Caldwell, Fanning, Hunter, Oliverio, Ross,
Rowe, Snyder and Deem)
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[Passed March 9, 2002; in effect ninety days from passage.]
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AN ACT to amend article four, chapter fifty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section two-a,
relating to providing that video arraignments of already
incarcerated persons be performed if practicable by a
magistrate from the charging jurisdiction; and allowing
alternative proceedings before magistrates located in the
jurisdiction in which the facility is located or by any
magistrate designated to preside by the supreme court of
appeals.
Be it enacted by the Legislature of West Virginia:
That article four, chapter fifty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding there to a new section, designated section two-a, to read as
follows:
ARTICLE 4. PROCEDURE BEFORE TRIAL.
§50-4-2a. Initial appearance and arraignment by video to be
conducted by magistrate court wherein offense is charged;
exceptions.
(a) Except as provided by the provisions of subsection (b) of
this section, whenever a person already detained in a regional jail
facility is served with a criminal complaint, the initial
appearance or arraignment, if accomplished by the use of a video
imaging system, shall to the extent practicable be before a
magistrate of the charging jurisdiction. If such is not
practicable, a magistrate of the jurisdiction in which the regional
jail facility is located may preside over the proceeding.
(b) An order of the supreme court of appeals authorizing a
magistrate or magistrates to conduct pretrial proceedings by use of
video imaging shall supercede the requirements set forth in
subsection (a) of this section.
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