Schadler and Walters)

AN ACT to amend and reenact §49-5-6 of the Code of West Virginia, 1931, as amended, relating to jury trials in juvenile proceedings; establishing the right to trial by a twelve person jury when a juvenile is accused of acts of juvenile delinquency which constitute a crime if committed by an adult which would subject an adult to incarceration; and eliminating the right to demand trial by jury for status offenses allegedly committed by a juvenile or where the court has ruled pre-trial that incarceration is not a possibility.

Be it enacted by the Legislature of West Virginia:
That

§49-5-6. Jury trial under article.
(a) In a proceeding under this article, the juvenile, the juvenile's counsel or the juvenile's parent or guardian may demand, or the judge on his or her own motion may order a jury trial on any question of fact, in which the juvenile is accused of any act or acts of delinquency which, if committed by an adult would expose the adult to incarceration.

(b) A juvenile who is charged with a status offense or other offense where incarceration is not a possibility due either to the statutory penalty or where the court rules pre-trial that a sentence of incarceration will not be imposed upon adjudication is not entitled to a trial by jury.
(c) The provisions of this section are inapplicable to proceedings held pursuant to the provisions of section thirteen-d of this article.
(d) Juries shall consist of twelve members.