Senate Bill No. 520
(By Senator Jackson, By Request)
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[Introduced February 19, 1996; referred to the Committee
on the Judiciary; and then to the Committee on Finance
.]
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A BILL to amend and reenact section three, article three, chapter
sixty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to increasing the
jury panel in felony cases to twenty-four; and providing
that both the prosecuting attorney and the accused are to
strike six jurors each.
Be it enacted by the Legislature of West Virginia:
That section three, article three, 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 3. TRIAL OF CRIMINAL CASES.
§62-3-3. Selection of jury in felony cases; striking jurors;
alternate jurors.
In a case of felony, twenty twenty-four jurors shall be
drawn from those in attendance for the trial of the accused. If
a sufficient number of jurors for such panel cannot be procured
in this way, the court shall order others to be forthwith
summoned and selected, until a panel of twenty twenty-four
jurors, free from exception, be completed, from which panel the
accused may strike off six jurors and the prosecuting attorney
may strike off two six jurors. The prosecuting attorney shall
first strike off two jurors, and then the accused six two. The
prosecuting attorney and the accused shall continue to alternate
strikes, striking two each, until each has stricken six from the
panel. If the accused failed to strike from such panel the
number of jurors this section allows him or her to strike, the
number not stricken off by him shall be stricken off by the
prosecuting attorney, so as to reduce the panel to twelve, who
shall compose the jury for the trial of the case.
Whenever, in the opinion of the court the trial is likely to
be a protracted one, the court may direct that not more than four
jurors, in addition to the regular jury, be called and impanelled
to sit as alternate jurors. Alternate jurors in the order in
which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or
disqualified to perform their duties. Alternate jurors shall be
drawn in the same manner, shall have the same qualifications,
shall be subject to the same examination and challenges, shall
take the same oath and shall have the same functions, powers,
facilities and privileges as the regular jurors. An alternate
juror who does not replace a regular juror shall be discharged
after the jury retires to consider its verdict. Each side is
entitled to one peremptory challenge in addition to those
otherwise allowed by law if one or two alternate jurors are to be
impanelled, and two peremptory challenges if three or four
alternate jurors are to be impanelled. The additional peremptory
challenges may be used against an alternate juror only, and the
other peremptory challenges allowed by this section may not be
used against an alternate juror.
NOTE: The purpose of this bill is to increase the jury
panel in felony cases to twenty-four and providing that both the
prosecuting attorney and the accused are to strike six jurors
each.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.