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Engrossed Version House Bill 3217 History

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House Bill No
ENGROSSED

H. B. 3217


(By Mr. Speaker, Mr. Kiss and Delegates Stemple, Craig, Amores, Varner, Michael, Kominar, Williams, Hunt, Morgan and Boggs)

[Introduced March 24, 2005; referred to the

Committee on the Judiciary.]



A BILL to amend and reenact §50-2-3 of the Code of West Virginia, 1931, as amended, authorizing magistrates to impose home confinement for certain nonviolent offenders in lieu of a bail bond.

Be it enacted by the Legislature of West Virginia:
That §50-2-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 2. JURISDICTION AND AUTHORITY.
§50-2-3. Criminal jurisdiction; limitations on bail.

In addition to jurisdiction granted elsewhere to magistrate courts, magistrate courts shall have jurisdiction of all misdemeanor offenses committed in the county and to conduct preliminary examinations on warrants charging felonies committed within the county and, upon order of referral from the circuit courts, to conduct preliminary examinations on probation violations, which examinations shall be conducted without delay and in all events not later than thirty days from the date any probation violation petition or motion has been filed in circuit court. A magistrate shall have the authority to issue arrest warrants in all criminal matters, to issue warrants for search and seizure and, except in cases involving capital offenses, to set and admit to bail: Provided, That in cases punishable only by the fine such bail or recognizance shall not exceed the maximum amount of the fine and applicable court costs permitted or authorized by statute to be imposed in the event of conviction: Provided, however, That a magistrate is authorized to impose home confinement as presently established in that county in lieu of a bail bond, provided that the accused has the means to pay for home confinement and that the crimes with which he or she is charged are considered to be nonviolent offenses.

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