H. B. 2156
(By Delegate Pino)
[Introduced January 16, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §62-3-3 of the Code of West Virginia,
1931, as amended, relating to changing the number of
peremptory juror strikes to which the prosecutor and the
accused are entitled in the trial of a criminal case and
changing the order in which the strikes are made.
Be it enacted by the Legislature of West Virginia:
That §62-3-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. TRIAL OF CRIMINAL CASES.
§62-3-3. Selection of jury in felony cases; striking jurors;
alternate jurors.
In a case of felony, twenty jurors shall be drawn from those
in attendance for the trial of the accused. If a sufficient number
of jurors for
such the panel cannot be procured in this way, the
court shall order others to be
forthwith immediately summoned and selected, until a panel of twenty jurors, free from exception,
be
is completed, from which panel the accused may strike off
six four
jurors and the prosecuting attorney may strike off
two four jurors.
The prosecuting attorney shall first strike off
two jurors one
juror, and then the accused
six shall strike off one juror and the
strikes shall alternate between the prosecuting attorney and the
accused until each has employed the four strikes allowed. If the
accused failed to strike from
such the panel the number of jurors
this section allows him
or her to strike, the number not stricken
off by him
or her shall be stricken off by the prosecuting
attorney, so as to reduce the panel to twelve, who shall compose
the jury for the trial of the case.
Whenever, in the opinion of the court, the trial is likely to
be a protracted one, the court may direct that not more than four
jurors, in addition to the regular jury, be called and
impanelled
impaneled to sit as alternate jurors. Alternate jurors in the order
in which they are called shall replace jurors who, prior to the
time the jury retires to consider its verdict, become unable or
disqualified to perform their duties. Alternate jurors shall be
drawn in the same manner, shall have the same qualifications, shall
be subject to the same examination and challenges, shall take the
same oath and shall have the same functions, powers, facilities and
privileges as the regular jurors. An alternate juror who does not
replace a regular juror shall be discharged after the jury retires to consider its verdict. Each side is entitled to one peremptory
challenge in addition to those otherwise allowed by law if one or
two alternate jurors are to be
impanelled impaneled, and two
peremptory challenges if three or four alternate jurors are to be
impanelled impaneled.
The additional peremptory challenges may be
used against an alternate juror only, and the other peremptory
challenges allowed by this section may not be used against an
alternate juror.
NOTE: The purpose of this bill is to equalize the number and
alternate the selection of juror strikes between the prosecuting
attorney and the accused in the trial of a felony. The bill also
corrects a spelling error in existing code.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.