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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