H. B. 4644
(By Delegates Varner, Hrutkay, Ellem,
Schadler and D. Poling)
[Introduced February 18, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §62-1C-7 of the Code of West Virginia,
1931, as amended, relating to removing the provision allowing
a bail posted by someone other than the person under bail to
be forfeited for failure to comply with a condition of bail,
other than that to appear.
Be it enacted by the Legislature of West Virginia:
That §62-1C-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1C. BAIL.
§62-1C-7. Forfeiture of bail; basis therefor.
(1) Whenever a person under bail serves as his or her own
surety and he or she willfully and without just cause fails to
appear as and when required or violates any other term or condition
of bail, the circuit court or magistrate shall declare the bail
forfeited.
(2) Whenever a person or entity other than the person under
bail serves as surety, forfeiture of bail shall be declared only
when the person under bail willfully and without just cause fails to appear as and when required.
unless the surety, by the express
terms of the bail instrument, has agreed to be responsible to
ensure compliance with one or more other conditions of bail and
there is a willful violation of such condition
NOTE: The purpose of this bill is to remove the provision
allowing a bail posted by someone other than the person under bail
to be forfeited for failure to comply with a condition of bail,
other than that to appear.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.