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West Virginia Code


Chapter 62     Entire Code
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Chapter 62  |  Article 62 - 6


WVC 62-6-1 §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 §62-6-2.

Acts, 2007 Reg. Sess., Ch. ...

WVC 62-6-3 §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.

WVC 62-6-4 §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.

WVC 62-6-5 §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.

WVC 62-6-6 §62-6-6. Proceedings for fines for contempt or disobedience of process.
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 and imprisoned.

(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.

WVC 62-6-7 §62-6-7. Severability.
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 examination.
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 examination.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.

Recent legislation affecting the Code

Citation Year/Session Short Title
§62 - 12 - 11 - (Amended Code)
PASSED - Regular Session

SB41 enr  (Uploaded - 04/03/2017)
Extending time person may be subject to probation
§62 - 1 D- 2 - (Amended Code)
PASSED - Regular Session

SB233 SUB1 enr  (Uploaded - 04/14/2017)
Excluding from protection oral communications uttered in child care center under Wiretapping and Electronic Surveillance Act
§62 - 7 - 10 - (Amended Code)
PASSED - Regular Session

SB455 SUB1 enr  (Uploaded - 04/03/2017)
Relating generally to commitment of persons to custody of Commissioner of Corrections
§62 - 12 - 13 - (Amended Code)
§62 - 12 - 23 - (Amended Code)
PASSED - Regular Session

SB515 SUB1 enr  (Uploaded - 04/14/2017)
Relating to parole requirements for hearings and release
§62 - 12 - 5 - (Amended Code)
PASSED - Regular Session

SB523 SUB1 enr  (Uploaded - 04/14/2017)
Converting to biweekly pay cycle for state employees
§62 - 1 D- 8 - (Amended Code)
PASSED - Regular Session

HB2318 SUB ENR  (Uploaded - 03/25/2017)
Relating generally to human trafficking
§62 - 11 B- 9 - (Amended Code)
PASSED - Regular Session

HB2726 SUB ENR  (Uploaded - 04/06/2017)
Authorizing home incarceration officers to arrest participants for violating the terms and conditions of his or her supervision with or without a court order
§62 - 15 - 9 A - (New Code)
PASSED - Regular Session

hb2766 ENR  (Uploaded - 03/25/2017)
Establishing a new special revenue fund, designated the Adult Drug Court Participation Fund
§62 - 6 B- 2 - (Amended Code)
§62 - 6 B- 6 - (New Code)
PASSED - Regular Session

SB504 SUB1 enr  (Uploaded - 03/18/2016)
Relating to confidentiality of juvenile records
§62 - 15 A- 1 - (Amended Code)
§62 - 15 A- 2 - (Amended Code)
§62 - 15 A- 3 - (Amended Code)
PASSED - Regular Session

HB4176 SUB ENR  (Uploaded - 03/18/2016)
Permitting the Regional Jail and Correctional Facility Authority to participate in the addiction treatment pilot program
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