H. B. 2113


(By Delegates Linch, Stemple, Kominar and Thomas)


(Originating in the House Committee on the Judiciary)


[February 14, 1997]



A BILL to amend and reenact section two, article two, chapter fifty of the code of West Virginia, one thousand nine hundred thirty- one, as amended, relating to venue and change of venue in magistrate court criminal cases.

Be it enacted by the Legislature of West Virginia:
That section two, article two, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, to read as follows:
ARTICLE 2. JURISDICTION AND AUTHORITY.
§50-2-2. Venue; change of venue.
(a) The provisions of article one, chapter fifty-six of this code, relating to venue of actions in circuit courts, shall apply to venue of actions in magistrate courts as if the same were set forth fully herein.
(b) The circuit court may, on the petition of the accused and for good cause shown, order the venue of the trial of a criminal case in magistrate court to be removed to some other county. Upon the filing of the petition, the proceedings in magistrate court shall be stayed until disposition by the circuit court. When the venue is so changed, the court making the order shall determine the county to which the case is to be removed and order the defendant to appear on some certain day before the court to which the case is removed. Where the defendant is in custody, the court may, if appropriate, order the defendant confined in a jail convenient to the court to which the case is removed. Upon receipt of the order changing venue, the magistrate court shall certify copies of its file of the case to the court to which the case is removed, and such court shall proceed with the case as if the prosecution had been originally therein, and for that purpose the certified copies aforesaid shall be sufficient.


Note: The purpose of this bill is to provide a mechanism for resolving motions in magistrate criminal cases for change of venue.

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