H. B. 2971
(By
Mr. Speaker, Mr. Kiss, and
Delegates Staton,
Amores, Michael, Varner, Givens and Webster)
[Introduced March 22, 2001; referred to
the
Committee on the Judiciary then Finance.]
A BILL to amend article twenty, chapter thirty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-nine; and to amend and reenact sections two and five,
article one-c, chapter sixty-two of said code, all relating to
the payment of bail; requiring the executive director to
designate someone at each regional jail to receive and deliver
bail when that bail is in the form of
deposit by the defendant
or by some other person for him of cash
; requiring persons
designated to post a bond; and requiring the delivery of the
bail within seventy-two hours to the clerk of the appropriate
court.
Be it enacted by the Legislature of West Virginia:
That article twenty, chapter thirty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-
nine; and that sections two and five, article one-c, chapter sixty-
two of said code be amended and reenacted, all to read as follows:
CHAPTER 31. CORPORATIONS.
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY
AUTHORITY.
§31-20-29. Authority to collect bail.
(a) The executive director appointed pursuant to section four
of this article shall designate persons for each regional jail
facility to receive and deliver bail: Provided, That the bail to be
collected must be in the form of
deposit by the defendant who is
currently being held in the regional jail facility where the bail
is being received or by some other person for the defendant in the
form of cash
.
(b) The persons designated by subsection (a) of this section
to receive and deliver bail shall:
(1) Receive bail set for a defendant who is being held in the
regional jail facility for which the person is designated pursuant
to subsection (a) of this section;
(2) Cause the defendant to sign the recognizance;
(3) Issue a receipt to the person providing the bail on a form
approved by the authority and shall retain a copy of this receipt;
(4) Deliver the bail and the signed recognizance to the clerk
of the court which set the bail within seventy-two hours of the
receipt of the bail: Provided, That if the office of the clerk is
closed for the entire seventy-two hour period, the bail is to be
delivered on the next day the office is open; and
(5) Safeguard the bail and signed recognizance up to its
delivery to the clerk of the court in a manner approved by the
authority.
(c) Each person designated by subsection (a) of this section
to receive and deliver bail shall post a bond with sufficient
surety approved by the authority which is to be conditioned on the
faithful performance of his or her duties established by this
section. The authority shall pay the cost of the bond and may
obtain in lieu of individual bonds a bond including more than one
person designated by subsection (a) of this section to receive and
deliver bail.
(d) A person whose bail is received at a regional jail
facility pursuant to the provisions of this section may be released
upon meeting the conditions required by the supreme court of
appeals pursuant to its procedural rules.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 1C. BAIL.
§62-1C-2. Bail defined; form; receipts.
Bail is security for the appearance of a defendant to answer
to a specific criminal charge before any court or magistrate at a
specific time or at any time to which the case may be continued. It
may take any of the following forms:
(a) The deposit by the defendant or by some other person for
him of cash.
(b) The written undertaking by one or more persons to forfeit
a sum of money equal to the amount of the bail if the defendant is
in default for appearance, which shall be known as a recognizance.
(c) Such other form as the judge of the court that will have
jurisdiction to try the offense may determine.
All Except as provided in section twenty-nine, article twenty,
chapter thirty-one, bail shall is to be received by the clerk of
the court, or by the magistrate and, except in case of
recognizance, receipts shall be given therefor by him he or she
shall give a receipt.
§62-1C-5. Recognizance and deposits subject to order of court or
magistrate.
The Except as provided in section twenty-nine, article twenty,
chapter thirty-one of this code, the recognizance shall is to be
returnable to and all deposits shall are to be held by the court before whom the defendant is to appear or does appear, and upon the
transfer of the case to any other court the recognizance shall is
to be returnable to and transmitted together with any deposits to
such the other court.
§31-20-29 is new; therefore, strike-throughs and underscoring
have been omitted.