Senate Bill No. 745
(By Senators Kessler, Dempsey, Fanning, Foster, Hunter, Jenkins,
Minard, Oliverio, White, Barnes, Caruth, Lanham, McKenzie and
[Originating in the Committee on the Judiciary;
reported March 24, 2005.]
A BILL to amend and reeanct §62-1-5a of the Code of West Virginia,
1931, as amended, relating to authorizing use of citations in
lieu of arrest warrants for certain offenses.
Be it enacted by the Legislature of West Virginia:
That §62-1-5a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. PRELIMINARY PROCEDURE.
§62-1-5a. Citation in lieu of arrest; failure to appear.
A law-enforcement officer may issue a citation instead of
making an arrest for the following offenses, if there are
reasonable grounds to believe that the person being cited will
appear to answer the charge:
(1) Any misdemeanor, not involving injury to the person
committed in a law-enforcement officer's presence
the officer may arrest the person and shall do so
if he has
reasonable grounds to believe that the person is likely to cause
serious harm to himself or others; and
(2) When any person is being detained for the purpose of
investigating whether such person has committed or attempted to
commit shoplifting, pursuant to section four, article three-a,
chapter sixty-one of this code.
(3) Any felony, other than those set forth in the provisions
of articles two, three-e, seven, eight-b and eight-d, chapter
sixty-one of this code: Provided, That the officer may arrest the
person and shall do so if he or she has reasonable grounds to
believe that the person is likely to cause serious harm to himself,
herself or others.
The citation shall provide that the defendant shall appear
within a designated time.
If the defendant fails to appear in response to the citation
or if there are reasonable grounds to believe that he will not
appear, a complaint may be made and a warrant shall issue. When a
physical arrest is made and a citation is issued in relation to the
same offense the officer shall mark on the citation, in the place
specified for court appearance date, the word "arrested" in lieu of
the date of court appearance.
(NOTE: The purpose of this bill is to authorize law
enforcement officers to use citations in lieu of arrest warrants
for certain offenses.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would