Senate Bill No. 29
(By Senator Sypolt)
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[Introduced January 13, 2010; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §62-3-3 of the Code of West Virginia,
1931, as amended, relating to selection of juries in felony
cases.
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 panel the accused may strike off
six four jurors and the prosecuting attorney may strike off
two four jurors. The
prosecuting attorney shall first strike off
two jurors, and then
the accused six one juror, then the accused shall strike off one
juror, then the parties shall alternate in like manner until all
strikes have been used. If the accused failed to strike from such
panel 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.
Whenever, in the opinion of the court the trial is likely to
be a protracted one, the court may direct that not more than four
jurors, in addition to the regular jury, be called and
impanelled
impaneled 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 impaneled, and two peremptory challenges if three or four alternate jurors are to be
impanelled impaneled. 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 allow both the accused
and prosecuting attorney to have four strikes from a panel of
potential jurors.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.