H. B. 2264
(By Delegates Staton, Fleischauer, Amores and Faircloth)
[Introduced February 27, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section fourteen, article five,
chapter fifty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to clarifying
that pleas of not guilty, guilty or no contest must be made
in magistrate cases in person before a magistrate of the
county in which the offense occurred except where otherwise
permitted by rule of the supreme court of appeals.
Be it enacted by the Legislature of West Virginia:
That section fourteen, article five, 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 5. TRIALS, HEARINGS AND APPEALS.
§50-5-14. Pleas in certain cases.
Except for violations of section one or two, article five,
chapter seventeen-c of this code, and except for violations of
any of the provisions of chapter twenty of this code which may
subject the person charged therewith to confinement, any person
charged with a violation of said chapter seventeen-c or said chapter twenty may plead guilty or nolo contendere thereto by appearing before a magistrate, magistrate court clerk, magistrate
court deputy clerk or magistrate assistant in a county other than
the county in which he is charged and pay an appropriate fine and
costs as advised by such magistrate clerk or deputy clerk. The
clerk, deputy clerk or magistrate assistant shall immediately
forward the same to the appropriate magistrate court. The
magistrate court may either accept or reject the same. In the
event the same is rejected the plea shall be considered withdrawn
and all moneys paid shall be returned and the matter shall
proceed as if no such offer of plea had been made. Except where
otherwise provided by rule of the supreme court of appeals, a
plea of not guilty, guilty or no contest in a criminal proceeding
triable by a magistrate shall be made in person before a
magistrate of the county in which the offense occurred.
NOTE: The purpose of this bill is to clarify that pleas of
not guilty, guilty or no contest must be made in magistrate cases
in person before a magistrate of the county in which the offense
occurred except where otherwise permitted by rule of the Ssupreme
Ccourt of Aappeals such as, for example, Rule 7 of the Rules of
Criminal Procedure for Magistrate Courts which permits defendants
charged with certain offenses by way of citation to enter such a
plea by telephone to a magistrate of the county in which the
offense occurred.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
Staff Note: Current provisions of §50-5-14 permit a defendant
charged in one county with a violation of §17-C-1 et seq (except
§17C-5-1 or 2) and/or §20-1-1 (except violations of Chapter 20
where jail is a possible sentence) to plead guilty or no contest
by appearing and doing so before the magistrate court of another
county and paying the fine and costs imposed by such other
magistrate court. Actually, the section provides that the
defendant may enter such a plea by "appearing before a
magistrate, magistrate court clerk, magistrate court deputy clerk
or magistrate assistant" of that other county's court; and the
fine and costs are to be such "as advised by such magistrate
clerk or deputy clerk." The language of the section does not
limit such "out of county" pleas only to such cases where a
citation was issued. Upon receipt of the fine and costs, the
employee of the "out of county" magistrate court is to forward
the same to the magistrate court of the county in which the
charge occurred. That county, however, retains the right to
reject the "out of county" disposition of the case.
The WV Rules of Criminal Procedure for Magistrate Courts
appear to neither permit nor prohibit the entry of a guilty or no
contest plea to an "out of county" magistrate in cases where the
offense has been charged by complaint or warrant. However, Rule
7 thereof appears to require that pleas of guilty or no contest
must be made in the magistrate court of the county where the
offense occurred in cases where the offense has been charged by
citation. R. 7(a) and (b). However, the rule permits defendants
charged by citation (except in cases of SRL, DUI, negligent
homicide, reckless driving and Chapter 20 violations) to plead
guilty or no contest through telephone and mail communications
with a magistrate of the county where the offense occurred. R.
7(b)(2).
If §50-5-14 is amended as provided, (1)its current
provisions permitting a person charged (through any charging
instrument) with certain offenses to plead guilty or no contest
before the magistrate court of a county other than the county in
which the offense was charged would be eliminated, and (2) its
new provisions would clearly state that except for those
circumstances provided by court rule (telephone/mail pleas can be
made in cases of certain citations), all pleas to a charge must
be made in person before a magistrate of the county in which the
offense was charged.