H. B. 4683

(By Delegates Amores, Staton, Beane, Palumbo, Trump,

Schadler and Walters)


[Introduced February 21, 2006;

referred to the Committee on the Judiciary.]





A BILL to amend and reenact §49-5-6 of the Code of West Virginia, 1931,as amended, relating to jury trials in jury proceedings; establishing the right to trial by jury when a juvenile is accused of acts of juvenile delinquency which constitute a crime punishable by incarceration if committed by an adult; providing for a twelve-person jury when the alleged acts of juvenile delinquency which would be a felony punishable by incarceration if committed by an adult; providing for a six- person jury when the alleged acts of juvenile delinquency which would be a misdemeanor punishable by incarceration if committed by an adult; and eliminating the right to demand trial by jury for status offenses allegedly committed by a juvenile.

Be it enacted by the Legislature of West Virginia:
That §49-5-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5. JUVENILE PROCEEDINGS.
 §49-5-6. Jury trial under article.
In a proceeding under this article, the juvenile, the juvenile's counsel or the juvenile's parent or guardian or any one of them may demand, or the judge of on his or her own motion may order a jury of twelve persons to try any question of fact trial on any question of fact, whenever the juvenile is accused of acts of delinquency which, if committed by an adult offender, would constitute a criminal offense for which an adult offender may be incarcerated. If the delinquency allegation, if committed by an adult, would constitute a misdemeanor offense that includes a potential penalty for incarceration, the jury shall consist of six persons . If the delinquency allegation, if committed by an adult, would constitute a felony offense that includes a potential penalty for incarceration, the jury shall consist of twelve persons .

Note: This bill would amend the provisions of Code §49-5-6, relating to a juvenile offender's right to jury trial. Under the provisions of the bill, the juvenile offender would have a right to trial before a jury of six persons if the juvenile is accused of acts of delinquency which, if committed by an adult, would constitute a misdemeanor offense punishable by incarceration; and would have the right to trial before a jury of twelve persons if the juvenile is accused of acts of delinquency which, if committed by an adult, would constitute a felony offense punishable by incarceration.