H. B. 4278
(By Delegate Reynolds)
[Introduced February 2, 2010; 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 §51-1-22, 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 considers just and proper. The schedule may be
used when a magistrate is not available.
(b) All persons who utilize the uniform bail schedule to post
bond and obtain release shall appear before a magistrate on the
next judicial day the magistrate is available. Failure of the
person released to appear before the designated county magistrate
the following judicial day results 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
.