H. B. 4106
(By Delegates Perry, Ellem, Morgan, Stemple,
Boggs, Webster, and White)
[Introduced January 21, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §51-1-21, relating to
authorizing the Supreme Court of Appeals to promulgate rules
to establish and administer a uniform bail schedule.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §51-1-21, to read as
follows:
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-21. Uniform interim bails schedules.
(a) The Supreme Court of Appeals may promulgate rules,
pursuant to the provisions of section four of this article,
establishing and implementing a uniform interim bail schedule for
any criminal offense it deems just and proper.
(b) All persons who utilize the uniform interim bail schedule to post bond and obtain release must appear before a magistrate on
the next judicial day. Failure of the person released to present
himself or herself to a designated county magistrate the following
judicial day will result in forfeiture of the posted bond in
addition to any other penalties prescribed by law.
NOTE: The purpose of this bill is to allow the Supreme Court
of Appeals to establish a uniform bail schedule which will allow
persons charged with crimes to be released by posting a standard
bail when a magistrate is not available.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
This bill was recommended for introduction and passage during
the 2008 Regular Session of the Legislature by the Legislative
Oversight Committee on Regional Jail and Correctional Facility
Authority.
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