H. B. 2548
(By Delegates Reynolds, Rodighiero, Ellis,
Morgan, Craig and Stephens)
[Introduced January 25, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §51-1-21, relating to
authorizing the Supreme Court of Appeals to promulgate rules
to establish and implement a uniform bail schedule.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §51-1-21, to read as
follows:
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-21. Uniform interim bail schedules.
(a) The Supreme Court of Appeals may promulgate rules,
pursuant to the provisions of section four of this article,
establishing and implementing a uniform bail schedule for any
criminal offense it deems just and proper.
(b) All persons who utilize the uniform bail schedule to post
bond and obtain release must appear before a magistrate on the next
judicial day. Failure of the person released to present him or her
to a designated county magistrate the following judicial day will result in forfeiture of the posted bond in addition to any other
penalties prescribed by law.
NOTE: The purpose of this bill is to allow the Supreme Court
of Appeals to establish a uniform bail schedule which will allow
persons charged with a crime to be released by posting a standard
bail when a magistrate is not available.
This section is new; therefore, strike-throughs and
underscoring have been omitted.