COMMITTEE SUBSTITUTE
FOR
H. B. 2791
(By Delegates Webster, Proudfoot, Stemple,
Varner, Longstreth and Kominar)
(Originating in the Committee on the Judiciary.)
[February 7, 2007]
A BILL 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be repealed; and that §62-10-1 and §62-10-3 of said code be amended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 justice of the peace 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
such person a defendant appears
pursuant to section one,
article ten, chapter sixty-two of the Code of West Virginia, if the
justice magistrate, on upon hearing the parties,
consider decides
that there is not good cause for the complaint,
he the magistrate
shall discharge
such person the defendant, and may
give grant
judgment in
his the defendant's favor and against the complainant
for
his the defendant's costs. If
he consider the magistrate
decides there is good cause
therefor for the complaint, he
or she
may
grant judgment for the complainant and may require a
recognizance bond of the person against whom
it the judgment is
granted. and give The magistrate may then enter a judgment against
him the defendant for the
full costs of the prosecution, or any
part
thereof; thereof. and, unless such recognizance be given, he
shall commit him to jail, by a warrant, stating the sum, the time
for and in which the recognizance is directed 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 justice giving
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. thereon,
if an appeal be not allowed; and proceedings shall be had thereupon, as provided by section eight, article eighteen, chapter
fifty of this code for the collection of fines and costs in
criminal cases by justices A person from whom
such recognizance a
bond is required may,
on giving it upon the imposition of the bond,
appeal
the judgment to the circuit court of the county
in which the
judgment was granted. and in such case the justice from whose
judgment the appeal is taken shall recognize such of the witness as
he may deem proper.
NOTE: The purpose of this bill is to eliminate the jail
penalty for violating a peace bond and to provide a monetary
penalty for such violation.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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