SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version Senate Bill 273 History

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


Senate Bill No. 273

(By Senators Mitchell and Kessler)

____________

[Introduced January 21, 2002; referred to the Committee

on the Judiciary.]

____________




A BILL to amend and reenact section three, article three, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to jury selection in felony cases; reducing the number of jurors the accused may strike from six to four; increasing the number of jurors the prosecution may strike from two to four; and providing that the prosecuting attorney shall strike the first juror with the parties alternating strikes thereafter.

Be it enacted by the Legislature of West Virginia:
That section three, article three, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, 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 panel the accused may strike off six four jurors and the prosecuting attorney may strike off two four jurors. The prosecuting attorney shall first strike off two jurors, and then the accused six The prosecuting attorney shall first strike one juror, and then the accused shall strike one juror. Thereafter, each party shall alternately strike another juror until four jurors have been struck by each party. If the accused failed to strike from such panel the number of jurors this section allows him or her 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.
Whenever, in the opinion of the court the trial is likely to be a protracted one, the court may direct that not more than four jurors, in addition to the regular jury, be called and impanelled to sit 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, and two peremptory challenges if three or four alternate jurors are to be impanelled. 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
reduce the number of jurors the accused may strike from six to four and increasing the number of jurors the prosecution may strike from two to four in a felony criminal trial. The bill also provides that the prosecuting attorney shall strike the first juror with the parties alternating strikes thereafter.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.


This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print