Introduced Version
House Bill 2892 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2892
(By Delegate P. Smith)
[Introduced March 11, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §62-3-3 of the Code of West Virginia,
1931, as amended, relating to changing the number of strikes
in jury selection in felony cases to provide five strikes to
the accused and three strikes to the prosecution.
Be it enacted by the Legislature of West Virginia:
That §62-3-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. TRIAL OF CRIMINAL CASES.
§62-3-3. Selection of jury in felony cases; striking jurors;
alternate jurors.
In a case of felony, twenty jurors shall be drawn from those
in attendance for the trial of the accused. If a sufficient number
of jurors for such panel cannot be procured in this way, the court
shall order others to be forthwith summoned and selected until a panel of twenty jurors, free from exception, be completed, from
which is complete. From this panel the accused may strike off six
five jurors and the prosecuting attorney may strike off two three
jurors. The prosecuting attorney shall first strike off two
jurors, and then the accused six first strikes off one juror then
the accused strikes off one juror. The parties continue in this
manner until all strikes have been used. If the accused failed
fails to strike from such panel the number of jurors this section
allows, him to strike, the number not stricken off by him or her
shall be stricken off by the prosecuting attorney so as to reduce
the panel to twelve. who shall compose the jury for the trial of
the case. This panel composes the regular jury for trial of the
case.
Whenever in the opinion of the court is of the opinion that
the trial is likely to be a may be a protracted one, the court it
may direct that not more than up to four jurors, in addition to the
regular jury, be called and impanelled to sit impaneled as
alternate jurors. Alternate jurors, in the order in which they are
called, shall replace jurors who, prior to the time the jury
retires to consider its verdict, become unable or disqualified to
perform their duties. Alternate jurors shall be drawn in the same
manner, shall have the same qualifications, shall be subject to the
same examination and challenges, shall take the same oath and shall
have the same functions, powers, facilities and privileges as the regular jurors. An alternate juror who does not replace a regular
juror shall be discharged after the jury retires to consider its
verdict. Each side is entitled to one peremptory challenge in
addition to those otherwise allowed by law if one or two alternate
jurors are to be impanelled impaneled and two peremptory challenges
if three or four alternate jurors are to be impanelled impaneled.
The additional peremptory challenges may be used against an
alternate juror only and the other peremptory challenges allowed by
this section may not be used against an alternate juror.
NOTE: The purpose of this bill is to allow the accused to have
five strikes from a panel of jurors and to allow the prosecuting
attorney to have three strikes from a panel of potential jurors.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.