CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 6. MISCELLANEOUS PROVISIONS CONCERNING CRIMINAL
§62-6-1. Recognizance to keep the peace; condition.
Every recognizance to keep the peace shall be conditioned to
the effect that the person of whom it is taken shall keep the peace
and be of good behavior for such time, not exceeding one year, as
the court or justice requiring it may direct; and if such court or
justice directs, it may, when taken of a person charged with an
offense, be with condition for so keeping the peace and being of
good behavior, in addition to the other conditions of his
recognizance imposed in accordance with the provisions of article
one-c of this chapter.
WVC 62 - 6 - 2
Acts, 2007 Reg. Sess., Ch. ...
§62-6-3. Recognizance of insane person or minor.
A recognizance which would be taken of a person but for his
being insane or a minor, may be taken of another person, and
without further surety, if such other person be deemed sufficient.
§62-6-4. Witnesses in criminal cases; forced attendance.
In a criminal case, a summons for a witness may be issued by
the prosecuting attorney. Sections one, four, five, six and eight,
article five, chapter fifty-seven of this code shall, in other
respects, apply to a criminal as well as a civil case, except that
a witness in a criminal case shall be obliged to attend and may be
proceeded against for failing to do so, although there may not
previously have been any payment, or tender to him, of anything for
attendance, mileage or tolls.
§62-6-5. Failure of juror to attend inquest out of court.
The name of any person summoned by an officer, in failing to
attend as a juror upon an inquest out of court, shall be returned
by such officer at the next term of the circuit court of such
officer's county. Such court shall fine such person, unless he
have a reasonable excuse for his failure, ten dollars.
§62-6-6. Proceedings for fines for contempt or disobedience of
No court shall impose a fine upon a juror, witness or other
person, for disobedience of its process or any contempt, unless he
be present in a court at the time, or shall have been served with
a rule of the court, returnable to a time certain, requiring him to
show cause why the fine should not be imposed, and shall have
failed to appear and show cause.
WVC 62 - 6 - 6 A
§62-6-6a. Disposition of prisoners.
(a) It is the duty of all officers of the state, or of any
county or municipality thereof, or jailers having the charge and
custody of any jail or place of detention, to receive any prisoners
arrested by any officer or member of any law-enforcement office
acting in his or her official capacity and to detain them in
custody until ordered released by a tribunal of competent
jurisdiction, and any officer, jailer or person having custody of
any jail or place of detention who willfully fails or refuses to
receive and detain the prisoner is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not less than twenty-five
dollars nor more than two hundred dollars, or imprisoned in the
county or regional jail for not more than sixty days, or both fined
(b) Notwithstanding the provisions of subsection (a) of this
section, no officer, jailer or other person having authority to
accept prisoners in a county or regional jail is required to do so
if the prisoner appears to be in need of medical attention of a
degree necessitating treatment by a physician. If a prisoner is
refused pursuant to the provisions of this section, he or she may
not be accepted for detention until the arresting or transporting
officer provides the officer, jailer or person accepting prisoners
with a written clearance from a licensed physician reflecting that the prisoner has been examined and, if necessary, treated and which
states that in the physician's medical opinion the prisoner can be
safely confined in the county or regional jail.
If any provision of this article or the application thereof to
any person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications of the article which
can be given effect without the invalid provision or its
application, and to this end, the provisions of this article are
declared to be severable.
WVC 62 - 6 - 8
§62-6-8. Alleged victim of sexual offense may not be required to
submit to a polygraph examination or other truth
telling device as a condition of investigating an
alleged offense nor may prosecutors or law-enforcement
officers decline to proceed if the victim refuses such
No law-enforcement officer, prosecutor or any other government
official may ask or require the adult, youth or child victim of an
alleged sexual offense, as set forth in the provisions of section
six, article eight, chapter sixty-one of this code; section six,
article twelve of said chapter; section five, article eight-d, of
said chapter; and article eight-b of said chapter, or any other
sexual offense as defined under state or local law, to submit to a
polygraph examination or other truth-testing examination as a
condition for proceeding with the investigation of the alleged
offense. No law-enforcement officer, prosecutor or any other
government official may refuse to proceed with an investigation,
warrant, indictment, information or prosecution of the alleged
offense because the alleged victim refused to submit to such an
Note: WV Code updated with legislation passed through the 2012 1st Special Session