Senate Bill No. 257
(By Senators Mitchell and Kessler)
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[Introduced January 21, 2002; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section seven, article five, chapter
fifty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the
continuation of misdemeanor prosecutions in cases where the
defendant is charged by complaint with both felonies and
misdemeanors.
Be it enacted by the Legislature of West Virginia:
That section seven, 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.
§50-5-7. Right to trial in criminal cases.
Every defendant charged in a magistrate court in a criminal proceeding which is within the jurisdiction of the court shall
have the right to a trial on the merits in the magistrate court,
unless the misdemeanor offense is also charged with a felony
offense and both offenses arise out of the same act or
transaction, or arise out of two or more acts or transactions
connected together or constituting parts of a common scheme or
plan. In magistrate court, where a misdemeanor is also charged
with a felony offense, the defendant shall receive a preliminary
hearing on the misdemeanor charge at the same time as the felony
offense.
NOTE: The purpose of this bill is to allow for the
continuation of misdemeanor prosecutions in cases where a
defendant is charged by complaint with both felonies and
misdemeanors.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.