H. B. 2674
(By Delegates Reynolds, Rodighiero and Stephens)
[Introduced February 19, 2009; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §51-1-22, 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 §51-1-22, to read as
follows:
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-22. 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 the magistrate is available. 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 to allow persons
charged with a crime to be released by posting a standard bail when
a magistrate is not available.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.