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Introduced Version - Originating in Committee Senate Bill 743 History

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Senate Bill No. 743

(By Senators Kessler, Dempsey, Fanning, Foster, Hunter, Jenkins,

Minard, White, Barnes, Caruth, Lanham, McKenzie and Weeks)

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[Originating in the Committee on the Judiciary;

reported March 24, 2005.]

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A BILL to amend and reenact §62-2-12 of the Code of West Virginia, 1931, as amended, relating to allowing preindictment detainees an opportunity for bail reduction at change in term of court.

Be it enacted by the Legislature of West Virginia:
That §62-2-12 of the Code of West Virginia, 1931, as amended, to read as follows:
ARTICLE 2. PRESENTMENTS AND INDICTMENTS.
§62-2-12. Discharge of imprisoned person upon failure to indict within certain time; person not indicted by reason of insanity; show cause requirement regard bond.

(a) A person in jail, on a criminal charge, shall be discharged from imprisonment if he be not indicted before the end of the second term of the court, at which he or she is held to answer, unless it appear to the court that material witnesses for the state have been enticed or kept away, or are prevented from attendance by sickness or inevitable accident, and except also that, when a person in jail, on a charge of having committed an indictable offense, is not indicted by reason of his or her insanity at the time of committing the act, the grand jury shall certify that fact to the court; whereupon the court may order him or her to be sent to a state hospital for the insane, or to be discharged.
(b) Every person held in jail on a criminal charge awaiting presentation of his or her case to the grand jury shall be entitled upon his or her request to a hearing upon the beginning of a new term of court at which the state must show cause why the defendant should not be released upon a personal recognizance bond or on bond with home incarceration being a condition thereof.

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(NOTE: The purpose of this bill is to allow preindictment detainees an opportunity for bond reduction at a change in term.

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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