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Introduced Version House Bill 2035 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2035


(By Delegate Flanigan)

[Introduced February 14, 2001 ; referred to the

Committee on the Judiciary.]





A BILL to amend article four, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section six-a, relating to providing for discovery in criminal cases in magistrate court.

Be it enacted by the Legislature of West Virginia:
That article four, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section six-a, to read as follows:
ARTICLE 4. PROCEDURE BEFORE TRIAL.

§50-4-6A. Discovery in criminal cases.

In criminal cases that involve a possible penalty of incarceration, rule sixteen of the state rules of criminal procedure shall apply. Magistrates are hereby granted discretion to impose sanctions for noncompliance in discovery matters by either party, including, but not limited to, excluding evidence or testimony that otherwise would be admissible, but which, due to inexcusable noncompliance, would constitute a manifest unfairness if admitted.




NOTE: The purpose of this bill is to authorize criminal discovery in magistrate court.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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