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Introduced Version Senate Bill 600 History

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sb600 intr
Senate Bill No. 600

(By Senators Chafin, Plymale, Bailey, Yoder, Jenkins, Helmick and Hunter)

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[Introduced March 18, 2005; referred to the Committee

on the Judiciary.]

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A BILL to amend and reenact §62-3-21 of the Code of West Virginia, 1931, as amended, relating to reducing the amount of time a prosecutor has to try a case after an information is filed or an indictment is obtained.

Be it enacted by the Legislature of West Virginia:
That §62-3-21 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. TRIAL OF CRIMINAL CASES.
§62-3-21. Discharge for failure to try within certain time.

Every person charged by presentment or indictment with a felony or misdemeanor, and remanded to a court of competent jurisdiction for trial, shall be forever discharged from prosecution for the offense, if there be three regular terms of such court is one term of the court, after the presentment is made or the indictment is found against him or her, without a trial, unless the failure to try him or her was caused by his or her insanity; or by the witnesses for the state being enticed or kept away, or prevented from attending by sickness or inevitable accident; or by a continuance granted on the motion of the accused; or by reason of his escaping from jail, or failing to appear according to his or her recognizance, or of the inability of the jury to agree in their verdict; and every person charged with a misdemeanor before a justice of the peace magistrate, city police judge, or any other inferior tribunal, and who has therein been found guilty and has appealed his or her conviction of guilt and sentence to a court of record, shall be forever discharged from further prosecution for the offense set forth in the warrant against him or her, if after his having appealed such the conviction and sentence, there be three regular terms of such is one term of the court without a trial, unless the failure to try him or her was for one of the causes hereinabove set forth set out above relating to proceedings on indictment. The prosecutor may request an extension of time, not to exceed one term of court and for good cause shown, the court may grant the continuation.


NOTE: The purpose of this bill is to reduce the amount of time a prosecutor has to try a case after an information is filed or an indictment is obtained.

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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