Senate Bill No. 52

(By Senators Buckalew, Kimble, Boley, Dugan, and Minear)

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[Introduced January 18, 1995; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section one, article one-c, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring the denial of bail to those persons who pose a danger to the physical well-being of others and who pose a danger of committing a sexual offense.

Be it enacted by the Legislature of West Virginia:
That section one, article one-c, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 1C. BAIL.
ยง62-1C-1. Right to bail; exceptions; review.

(a) A person arrested for an offense not punishable by life imprisonment who does not present a substantial, clear and abiding danger to the physical well-being of another individual or to the public at large and who does not pose a danger of committing a sexual offense shall be admitted to bail by the court or magistrate. A person arrested for an offense punishable by life imprisonment may, in the discretion of the court that will have jurisdiction to try the offense, be admitted to bail.
(b) Bail may be allowed pending appeal from a conviction, except that bail shall not be granted where the offense is punishable by life imprisonment, the convicted person presents a substantial, clear and abiding danger to the physical well-being of an individual or the public at large, the convicted person poses a danger of committing a sexual offense or where the court has determined from the evidence at the trial or upon a plea of guilty or nolo contendere that the offense was committed or attempted to be committed with the use, presentment or brandishing of a firearm or other deadly weapon, or by the use of violence to a person: Provided, That the denial of bail under one of these exceptions may be reviewed by summary petition to the supreme court of appeals or any justice thereof, and the petition for bail may be granted where there is a likelihood that the defendant will prevail upon the appeal. The court or judge allowing bail pending appeal may at any time revoke the order admitting the defendant to bail.
(c) The amount of bail or the discretionary denial of bail at any stage of the proceedings may be reviewed by summary petition first to the lower appellate court, if any, and thereafter by summary petition to the supreme court of appeals or any judge thereof.




NOTE: The purpose of this bill is to deny bail to those persons who pose a danger to the physical well being of others and to those persons who pose a danger of committing a sexual offense.

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