HB 2791 Text

ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2791
(By Delegates Webster, Proudfoot, Stemple,
Varner, Longstreth and Kominar)

[Passed February 23, 2007; in effect ninety days from passage.]

AN ACT to repeal §62-6-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-10-1 and §62-10-3 of said code, all relating to penalties for violating peace bonds.

Be it enacted by the Legislature of West Virginia:
That §62-6-2 of the Code of West Virginia, 1931, as amended, be repealed; and that §62-10-1 and §62-10-3 of said code be amended and reenacted, all to read as follows:
ARTICLE 10. PREVENTION OF CRIME.
§62-10-1. Security to keep the peace.
Every magistrate shall have the power to require, from persons not of good fame, security for their good behavior and to keep the peace, for a term not exceeding one year. A person who violates a court order to keep the peace may be fined not more than two hundred fifty dollars.

§62-10-3. Hearing, judgment, appeal process for security to keep the peace.

When a defendant appears pursuant to section one, article ten, chapter sixty-two of the Code of West Virginia, if the magistrate, upon hearing the parties, decides that there is not good cause for the complaint, the magistrate shall discharge the defendant, and may grant judgment in the defendant's favor and against the complainant for the defendant's costs. If the magistrate decides there is good cause for the complaint, he or she may grant judgment for the complainant and may require a bond of the person against whom the judgment is granted. The magistrate may then enter a judgment against the defendant for the full costs of the prosecution, or any part thereof. If the defendant violates the conditions of the bond, he or she may be fined not more than two hundred fifty dollars. If the defendant fails to pay the fine imposed, the magistrate granting the judgment under this section for costs may, pursuant to article four, chapter thirty-eight of the Code of West Virginia issue a writ of execution on the defendant's personal property. A person from whom a bond is required may, upon the imposition of the bond, appeal the judgment to the circuit court of the county in which the judgment was granted.

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