ENROLLED
H. B. 4644
(By Delegates Varner, Hrutkay, Ellem,
Schadler and D. Poling)
[Passed March 7, 2008; in effect from passage.]
AN ACT to amend and reenact §62-1C-7 of the Code of West Virginia,
1931, as amended, relating to removing the provision allowing
a bail posted by someone other than the person under bail to
be forfeited for failure to comply with a condition of bail,
other than that to appear.
Be it enacted by the Legislature of West Virginia:
That §62-1C-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1C. BAIL.
§62-1C-7. Forfeiture of bail; basis therefor.
(1) Whenever a person under bail serves as his or her own
surety and he or she willfully and without just cause fails to
appear as and when required or violates any other term or condition
of bail, the circuit court or magistrate shall declare the bail
forfeited.
(2) Whenever a person or entity other than the person under
bail serves as surety, forfeiture of bail shall be declared only when the person under bail willfully and without just cause fails
to appear as and when required.
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