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Chapter 62     Entire Code
‹ Chapter 61  |  Chapter 63 › Printer Friendly Versions
Chapter 62  |  Article 62 - 1B
WVC 62- CHAPTER 62. CRIMINAL PROCEDURE.

WVC -1B- ARTICLE 1B. DISCOVERY.

WVC 62-1B-1 §62-1B-1. Bill of particulars.
The court for cause may direct the prosecuting attorney to file a bill of particulars. A bill of particulars may be amended at any time subject to such conditions as justice requires.

WVC 62-1B-2 §62-1B-2. Defendant's statements; reports of examinations and tests; defendant's books, papers and tangible objects.
Upon motion of a defendant the court may order the prosecuting attorney to permit the defendant to examine and copy or photograph any relevant (1) written or recorded statements or confessions made by the defendant, or copies thereof, which are known by the prosecuting attorney to be within the possession, custody or control of the state, (2) results or reports of physical or mental examinations, and of scientific tests or experiments made in connection with the particular case, or copies thereof, which are known by the prosecuting attorney to be within the possession, custody or control of the state, and (3) books, papers, or tangible objects belonging to or seized from the defendant which are known by the prosecuting attorney to be within the possession, custody or control of the state.

WVC 62-1B-3 §62-1B-3. Time of motion.
A motion under this article may be made at any time not later than ten days before trial, or at such reasonable later time as the court may permit.

WVC 62-1B-4 §62-1B-4. Severability.
If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or its application, and to this end, the provisions of this article are declared to be severable.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§62 - 12 - 11 - (Amended Code)
SENATE BILL - 41
PASSED - Regular Session

SB41 enr  (Uploaded - 04/03/2017)
Extending time person may be subject to probation
§62 - 1 D- 2 - (Amended Code)
SENATE BILL - 233
PASSED - Regular Session

SB233 SUB1 enr  (Uploaded - 04/14/2017)
Excluding from protection oral communications uttered in child care center under Wiretapping and Electronic Surveillance Act
§62 - 7 - 10 - (Amended Code)
SENATE BILL - 455
PASSED - Regular Session

SB455 SUB1 enr  (Uploaded - 04/03/2017)
Relating generally to commitment of persons to custody of Commissioner of Corrections
§62 - 12 - 13 - (Amended Code)
§62 - 12 - 23 - (Amended Code)
SENATE BILL - 515
PASSED - Regular Session

SB515 SUB1 enr  (Uploaded - 04/14/2017)
Relating to parole requirements for hearings and release
§62 - 12 - 5 - (Amended Code)
SENATE BILL - 523
PASSED - Regular Session

SB523 SUB1 enr  (Uploaded - 04/14/2017)
Converting to biweekly pay cycle for state employees
§62 - 1 D- 8 - (Amended Code)
HOUSE BILL - 2318
PASSED - Regular Session

HB2318 SUB ENR  (Uploaded - 03/25/2017)
Relating generally to human trafficking
§62 - 11 B- 9 - (Amended Code)
HOUSE BILL - 2726
PASSED - Regular Session

HB2726 SUB ENR  (Uploaded - 04/06/2017)
Authorizing home incarceration officers to arrest participants for violating the terms and conditions of his or her supervision with or without a court order
§62 - 15 - 9 A - (New Code)
HOUSE BILL - 2766
PASSED - Regular Session

hb2766 ENR  (Uploaded - 03/25/2017)
Establishing a new special revenue fund, designated the Adult Drug Court Participation Fund
§62 - 6 B- 2 - (Amended Code)
§62 - 6 B- 6 - (New Code)
SENATE BILL - 504
PASSED - Regular Session

SB504 SUB1 enr  (Uploaded - 03/18/2016)
Relating to confidentiality of juvenile records
§62 - 15 A- 1 - (Amended Code)
§62 - 15 A- 2 - (Amended Code)
§62 - 15 A- 3 - (Amended Code)
HOUSE BILL - 4176
PASSED - Regular Session

HB4176 SUB ENR  (Uploaded - 03/18/2016)
Permitting the Regional Jail and Correctional Facility Authority to participate in the addiction treatment pilot program
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