H. B. 2567
(By Delegates Perry, Pino and Hrutkay)
[Introduced February 21, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §50-5-7 of the Code of West Virginia,
1931, as amended, relating to providing for the continuation
of misdemeanor prosecutions in circuit court cases where a
defendant is charged by complaint with both felonies and
misdemeanors.
Be it enacted by the Legislature of West Virginia:
That §50-5-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. TRIALS, HEARINGS AND APPEALS.
§50-5-7. Right to trial in criminal cases.
Every defendant charged in a magistrate court in a criminal
proceeding which is within the jurisdiction of the court shall have
the right to a trial on the merits in the magistrate court
unless
a defendant is charged with both a misdemeanor offense and a felony
offense and both offenses arise out of the same act or transaction or arise out of two or more acts or transactions connected together
or constituting parts of a common scheme or plan. In magistrate
court when a defendant is charged with both a misdemeanor offense
and a felony offense, a preliminary hearing shall be held on the
misdemeanor charge at the time the preliminary hearing on the
felony offense is heard.
NOTE: The purpose of this bill is to provide for the
continuation of prosecution in circuit court of misdemeanor
prosecutions in cases where a defendant is charged by complaint
with felonies and misdemeanors.
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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