SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version Senate Bill 623 History

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


Senate Bill No. 623

(By Senator Chafin)

____________

[Introduced March 26, 2001; referred to the Committee on the Judiciary.]

____________




A BILL to amend and reenact section two, article one-c, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to forms of bonds permitted in criminal cases.

Be it enacted by the Legislature of West Virginia:

That section two, article one-c, 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 1C. BAIL.

§62-1C-2. Bail defined; form; receipts.

(a) For purposes of this article, the term "bail" is means security for the appearance of a defendant to answer to a specific criminal charge before any court or magistrate at a time specific
time or at any time to which the case may be continued specified by
the court or magistrate.

(b) It may take any of the following forms: A defendant in a criminal case may be admitted to bail in the following ways:

(a) (1) The deposit Bail may be posted by the defendant or by some other person for him of depositing cash with the circuit clerk or magistrate court clerk;

(b) (2) The written undertaking by one or more persons to forfeit a sum of money equal to the amount of the bail if the defendant is in default for appearance, which shall be known as a recognizance Bail may be posted by a recognizance in the form required by section four, article one-c of this chapter; or

(c) (3) Such In other form as the judge of the court that will have jurisdiction to try the offense judicial officer may determine, including releasing the defendant on his or her own recognizance: Provided, That no judicial officer may release a defendant without the defendant posting surety in an amount equal to bail, unless otherwise authorized under the provisions of this chapter.

(c) All bail shall be received by the clerk of the court, or by the magistrate and, except in case of recognizance, receipts
shall be given therefor by him.



NOTE: The purpose of this bill is to require criminal defendants to post a surety in the full amount of the bail in criminal cases.

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