COMMITTEE SUBSTITUTE
FOR
H. B. 2260
(By Delegates Staton, Fleischauer, Amores and Faircloth)
(Originating in the Committee on the Judiciary)
[February 28, 1997]
A BILL to amend and reenact section two, article four, chapter
fifty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section five, article one, chapter sixty-two of said code,
all relating to procedures to be followed upon discovery of
a criminal violation.
Be it enacted by the Legislature of West Virginia:
That section two, article four, chapter fifty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; and that section five, article one,
chapter sixty-two of said code be amended and reenacted, all to
read as follows:
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 4. PROCEDURE BEFORE TRIAL.
§50-4-2. Commencement of criminal prosecutions.
Criminal actions
Except where the provisions of this code
or rule of the supreme court of appeals permit the commencement
of a criminal prosecution through the issuance of a citation, a criminal prosecution shall be commenced by the filing of a complaint filed in compliance with the provisions of in
accordance with the requirements of rules of the supreme court
of appeals. article one, chapter sixty-two of this code
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 1. PRELIMINARY PROCEDURE.
§62-1-5. Same -- Delivery of prisoner before magistrate; complaint for person arrested without warrant; return.
(a) (1) An officer making an arrest under a warrant issued
upon a complaint, or any person making an arrest without a
warrant for an offense committed in his presence
or as
otherwise authorized by law, shall take the arrested person
without unnecessary delay before a
justice magistrate of the
county
in which where the arrest is made.
(2)
When If a person arrested without a warrant is brought
before a
justice magistrate, a complaint shall be filed
and a warrant issued forthwith
in accordance with the requirements of
rules of the supreme court of appeals.
(3)
The An officer executing
the a warrant shall make
return thereof to the
justice magistrate before whom the
defendant is brought.
(b) (1) Notwithstanding any other provision of this code
to the contrary, if a person arrested without a warrant is
brought before a magistrate prior to the fiiling of a complaint,
a complaint shall be filed forthwith in accordance with the
requirements of rules of the supreme court of appeals, and the
issuance of a warrant or a summons to appear is not required.
(2) When a person appears initially before a magistrate
either in response to a summons or pursuant to an arrest with
or without a warrant, the magistrate shall proceed in
accordance with the requirements of the applicable provisions
of the rules of the supreme court of appeals.
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