
Senate Bill No. 376
(By Senators Mitchell, Kessler and Unger)
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[Introduced February 2, 2000; 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 jury strikes in
felony trials; and changing the order in which jury strikes
are made.
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 jurors shall be drawn from those
in attendance for the trial of the accused. If a sufficient
number of jurors for such the panel cannot be procured in this
way, the court shall order others to be forthwith summoned and
selected, until a panel of twenty jurors, free from exception, be
completed, from which panel the accused may strike off six jurors
and the prosecuting attorney may strike off two jurors. The
prosecuting attorney shall first strike off two jurors one juror,
and then the accused six shall strike off three jurors and the
strikes shall alternate between the prosecuting attorney and the
accused until each has employed the strikes allowed. If the
accused failed to strike from such the panel the number of jurors
this section allows him the accused to strike, the number not
stricken off by him or her 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 allow for alternating
jury strikes by the prosecutor and the defendant in felony
trials, but maintains the number of jury strikes allowed in a
felony trial at two for the state and six for the accused.




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