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Introduced Version House Bill 2567 History

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hb2567 intr
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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