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Introduced Version House Bill 2674 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2674


(By Delegates Reynolds, Rodighiero and Stephens)
[Introduced February 19, 2009; referred to the
Committee on Government Organization then the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-1-22, relating to authorizing the Supreme Court of Appeals to promulgate rules to establish and implement a uniform bail schedule.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §51-1-22, to read as follows:
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-22. Uniform interim bail schedules.
(a) The Supreme Court of Appeals may promulgate rules, pursuant to the provisions of section four of this article, establishing and implementing a uniform bail schedule for any criminal offense it deems just and proper.
(b) All persons who utilize the uniform bail schedule to post bond and obtain release must appear before a magistrate on the next judicial day the magistrate is available. Failure of the person released to present him or her to a designated county magistrate the following judicial day will result in forfeiture of the posted bond in addition to any other penalties prescribed by law.



NOTE: The purpose of this bill is to allow the Supreme Court of Appeals to establish a uniform bail schedule to allow persons charged with a crime to be released by posting a standard bail when a magistrate is not available.

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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