H. B. 2112


(By Delegates Rowe, Coleman, Mahan and L. White )


(Originating in the House Committee on the Judiciary)


[February 14, 1997]
A BILL to amend and reenact section five, article one-c, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to return of a recognizance and disposition of deposits.

Be it enacted by the Legislature of West Virginia:
That section five, 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-5. Recognizance and deposits subject to order of court or justice magistrate; reports by justices.

The recognizance shall be returnable to and all deposits shall be held by or subject to the order of the court or justice before whom the defendant is to appear or does appear initially, and upon the transfer of the case to any other court or justice the recognizance shall be returnable to and transmitted together with any deposits to such other court. or justice. Each justice of the peace shall during the first week of each month render under oath to the prosecuting attorney of his county a true and complete statement of all cash deposited as bail with such justice during the preceding calendar month and of all cash deposited as bail which is, on the date of the report, in his possession. Such statement shall also set forth the name of each defendant, the amount of the bail deposited during the preceding month and the disposition of the same. The failure to render such report complete in all respects as to the details required herein shall be deemed a breach of the justice's official duty.


Note: The purpose of this bill is to remove designation of failure by a magistrate to make monthly reports of bail deposits to the prosecuting attorney as a breach of the magistrate's official duty.

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