H. B. 3032
(By Delegates Lane, Sobonya and Ellem)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §50-4-2a of the Code of West Virginia,
1931, as amended, relating to requiring an initial hearing
before a magistrate before a person subject to arrest may be
detained in a regional jail.
Be it enacted by the Legislature of West Virginia:
That §50-4-2a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. PROCEDURE BEFORE TRIAL.
§50-4-2a. Initial appearance and arraignment by video to be
conducted by magistrate court wherein offense is
charged; exceptions.
(a) Except as provided by the provisions of subsection (b) of
this section, whenever a person already detained in a regional jail
facility is served with a criminal complaint, the initial
appearance or arraignment, if accomplished by the use of a video
imaging system, shall to the extent practicable be before a
magistrate of the charging jurisdiction. If such is not practicable, a magistrate of the jurisdiction in which the regional
jail facility is located may preside over the proceeding.
(b) An order of the Supreme Court of Appeals authorizing a
magistrate or magistrates to conduct pretrial proceedings by use of
video imaging shall supercede the requirements set forth in
subsection (a) of this section.
(c) Notwithstanding any provisions in the code or Supreme
Court of Appeals Rules of Criminal Procedure to the contrary, no
person subject to arrest shall be detained in a regional jail
before his or her initial appearance before a magistrate.
NOTE: The purpose of this bill is to require an initial
hearing before a magistrate prior to detaining an arrested person
in a regional jail.
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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