H. B. 2345
(By Delegates Kominar, Varner,
Swartzmiller and Stemple)
[Introduced February 15, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §62-1C-14
of the Code of West Virginia,
1931, as amended, relating to increasing the criminal
penalties imposed on a bail bondsperson who willfully fails to
attempt to obtain the bailpiece within the allotted time
period.
Be it enacted by the Legislature of West Virginia:
That §62-1C-14
of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1C. BAIL.
§62-1C-14. Bailpiece; issuance to surety; taking accused into
custody.
(a) A bailpiece is a certificate stating that the bail became
such for the accused in a particular case and the amount thereof.
Upon demand therefor, the court, magistrate or clerk shall issue to
the bail bondsperson a bailpiece. Any officer having authority to execute a warrant of arrest shall assist the bail bondsperson
holding such bailpiece to take the accused into custody and produce
him or her before the court or magistrate. The bail bondsperson
may take the accused into custody and surrender him or her to the
court or magistrate without such bailpiece.
(b) If bailpiece is inaccessible due to unavailability of the
court's circuit clerk or magistrate, the bail bondsperson, or his
or her designee, can take an offender to a regional or county jail
without bailpiece, and the jail must accept the offender; provided:
(1) The bail bondsperson, or his or her designee, delivering
an offender to a jail without a bailpiece issued by the court's
circuit clerk or magistrate appears on the registered list
maintained at the jails and approved by the court of original
jurisdiction;
(2) The bail bondsperson signs an agreement provided by the
jail indicating that the offender has been booked in lieu of
bailpiece. Such agreement shall contain a clause indicating the
incarceration of such offender is lawful and that the jail
accepting the offender shall be held harmless from any claims of
illegal incarceration or other relative charges; thereby, such bail
bondsperson assumes the risk and liability of such incarceration;
and
(3) Bailpiece must be applied for by the bail bondsperson or
his or her designee from the court's circuit clerk or magistrate and hand-delivered by the bail bondsperson or his or her designee
to the jail housing such offender on the next judicial day
following the initial intake.
(c) Any bail bondsperson who willfully fails to attempt to
obtain the appropriate bailpiece within the allotted time period
provided in subsection (b) of this section is guilty of a
misdemeanor felony and, upon conviction thereof, shall be
prohibited from continuing to conduct business in this state and
shall be fined not more than one thousand dollars and confined in
the regional or county jail a state correctional facility not more
less than one year nor more than three years.
(d) No officer, jailer or other person having authority to
accept offenders in a county or regional jail is required to accept
such offenders being housed in lieu of bailpiece if such offender
appears to be in need of medical attention of a degree
necessitating treatment by a physician. If an offender is refused
pursuant to the provisions of this section, he or she may not be
accepted for detention until the bail bondsperson, or his or her
designee, provides the jailer or persons accepting such offender
with a written clearance from a licensed physician reflecting that
the offender has been examined and, if necessary, treated, and
which states that it is the physician's medical opinion that the
offender can be safely confined in the county or regional jail.
(e) The regional jail authority, the county sheriff, county commission or any of their agents or employees, shall be immune
from liability for any claims of illegal incarceration or other
relative charges for any offender accepted into a facility under
this section.
NOTE: The purpose of this bill is to increase the criminal
penalties imposed on a bail bondsperson who willfully fails to
attempt to obtain the bailpiece within the allotted time period.
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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