
Senate Bill No. 74
(By Senator Love)
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[Introduced January 14, 2000; referred to the Committee
on the Judiciary.]
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A BILL to amend article five, chapter fifty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section sixteen;
to amend and reenact section nine, article ten, chapter
fifty-one of said code; and to further amend said article by
adding thereto a new section, designated section eleven, all
relating to requiring notice of hearing in criminal cases to
be served on bondsmen.
Be it enacted by the Legislature of West Virginia:
That article five, chapter fifty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section sixteen; that section nine, article ten, chapter fifty-one of said code be
amended and reenacted; and that said article be further amended by
adding thereto a new section, designated section eleven, all to
read as follows:
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 5. TRIALS, HEARINGS AND APPEALS.
§50-5-16. Hearing notices to be served on bondsmen.



Any party scheduling a hearing in a criminal case shall serve
notice of hearing on the private or commercial bondsman
guaranteeing the appearance of the defendant at the hearing. If
the hearing is scheduled with less than six days' notice, the party
scheduling the hearing shall, in addition to serving written
notice, notify the bondsman by phone or in person in order to
guarantee appearance by the defendant. No bond may be forfeited for
the failure of the defendant to appear unless the bondsman, whether
private or commercial, has been provided notice in compliance with
this section.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 10. PROFESSIONAL BONDSMEN IN CRIMINAL CASES.
§51-10-9. Penalties.





Any person violating any provisions of this article other than in the commission of false swearing or the provisions in section
eleven of this article shall be punished by a fine of not more than
one hundred dollars, or by imprisonment not exceeding six months in
the county jail, or both, where no other penalty is provided by
this article; and if the person so convicted be a police officer or
other public official, he shall upon recommendation of the judge of
the criminal court of record of the county to which this article is
applicable also be forthwith removed from office; if a bondsman, or
the agent, clerk, or representative of a bondsman, he shall be
disqualified from thereafter engaging in any manner in the bonding
business for such a period of time as the judge of the criminal
court of record of the county to which this article is applicable
shall order; and, if an attorney-at-law, shall be subject to
suspension or disbarment as attorney-at-law.
§51-10-11. Hearing notices to be served on bondsmen.





Any party scheduling a hearing in a criminal case shall serve
notice of hearing on the private or commercial bondsman
guaranteeing the appearance of the defendant at the hearing. If
the hearing is scheduled with less than six days' notice, the party
scheduling the hearing shall, in addition to serving written
notice, notify the bondsman by phone or in person in order to guarantee appearance by the defendant. No bond may be forfeited for
the failure of the defendant to appear unless the bondsman, whether
private or commercial, has been provided notice in compliance with
this section.





NOTE: The bill requires that any party scheduling a hearing
in a criminal case give notice of the hearing to the private or
commercial bondsman guaranteeing the appearance of the defendant at
the hearing.





§§50-5-16 and 51-10-11 are new, therefore strike-throughs and
underscoring are omitted.





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