SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Committee Substitute House Bill 2828 History

OTHER VERSIONS  -  Introduced Version  |     |  Email
Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2017 regular session

Committee Substitute

for

House Bill 2828

By Delegates Summers, Canestraro, Miller, R. and Hollen

[Originating in the Committee on the Judiciary]

A BILL to amend and reenact §62-3-3 of the Code of West Virginia, 1931, as amended, relating to changing the number of strikes in jury selection in felony cases to provide five strikes to the accused and three strikes to the prosecution; and setting forth the order the strikes are to be taken.

Be it enacted by the Legislature of West Virginia:


That §62-3-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3. TRIAL OF CRIMINAL CASES.


§62-3-3. Selection of jury in felony cases; striking jurors; alternate jurors.

In a case of felony, twenty jurors shall be drawn from those in attendance for the trial of the accused. If a sufficient number of jurors for such panel cannot be procured in this way, the court shall order others to be forthwith summoned and selected, until a panel of twenty jurors, free from exception, be completed, from which is complete. From this panel the accused may strike off six jurors five jurors and the prosecuting attorney may strike off two jurors three jurors. The prosecuting attorney shall first strike off two three jurors, and then the accused six five.  If the accused failed to strike from such panel fails to strike the number of jurors this section allows him or her to strike the number not stricken off by him or her shall be stricken off by the prosecuting attorney, so as to reduce the panel to twelve, who shall compose the jury for the trial of the case. This panel composes the regular jury for the trial of the case.

Whenever, in the opinion of the court determines the trial is likely to may be a protracted one, the court may direct that not more than up to four jurors, in addition to the regular jury, be called and impanelled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath and shall have the same functions, powers, facilities and privileges as the regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict. Each side is entitled to one peremptory challenge in addition to those otherwise allowed by law if one or two alternate jurors are to be impanelled, and two peremptory challenges if three or four alternate jurors are to be impanelled. The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by this section may not be used against an alternate juror.


 

NOTE: The purpose of this bill is to decrease the number of strikes a defendant has in a criminal proceeding from six to five from a panel of potential jurors.  The bill increases the number of strikes the prosecution has from two to three.  The bill also sets forth the order the strikes are to be taken.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

 

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print