HOUSE JOINT RESOLUTION NO. 10
(By Delegate Louisos)
(Introduced January 28, 1994; referred to the
Committee on Constitutional Revision.)

Proposing an amendment to the Constitution of the State of West Virginia, amending section fourteen, article three thereof, relating to the bill of rights; trials of crimes--provisions in interest of accused; and providing an accused with the right to retain the assistance of counsel; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each House agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the State at the next general election to be held in the year one thousand nine hundred ninety-four, which proposed amendment is that section fourteen, article three thereof be amended, to read as follows:
ARTICLE III. BILL OF RIGHTS

§ 14. Trials of crimes - - Provisions in interest of accused.

Trials of crimes, and of misdemeanors, unless herein otherwise provided, shall be by a jury of twelve men, public, without unreasonable delay, and in the county where the alleged offence was committed, unless upon petition of the accused, and for good cause shown, it is removed to some other county. In all such trials, the accused shall be fully and plainly informed of the character and cause of the accusation, and be confronted with the witnesses against him, and shall have the right to retain assistance of counsel, and a reasonable time to prepare for his defence; and there shall be awarded to him compulsory process for obtaining witnesses in his favor.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the code of West virginia, one thousand nine hundred thirty-one, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Right to Retain the Assistance of Counsel in Criminal Trials Amendment" and the purpose of the proposed amendment is summarized as follows: "To change the Bill of Rights to permit an accused in a criminal trial to have the right to retain the assistance of counsel, rather than having the right of assistance of counsel in criminal trials."

NOTE: The purpose of this joint resolution is to propose an amendment to the Constitution to change the Bill of Rights to permit an accused in a criminal trial to have the right to retain the assistance of counsel, rather than having the right of assistance of counsel in criminal trials

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.