H. B. 2264

(By Delegates Staton, Fleischauer, Amores and Faircloth)
[Introduced February 27, 1997; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact section fourteen, article five, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to clarifying that pleas of not guilty, guilty or no contest must be made in magistrate cases in person before a magistrate of the county in which the offense occurred except where otherwise permitted by rule of the supreme court of appeals.

Be it enacted by the Legislature of West Virginia:
That section fourteen, article five, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, to read as follows:
ARTICLE 5. TRIALS, HEARINGS AND APPEALS.
§50-5-14. Pleas in certain cases.
Except for violations of section one or two, article five, chapter seventeen-c of this code, and except for violations of any of the provisions of chapter twenty of this code which may subject the person charged therewith to confinement, any person charged with a violation of said chapter seventeen-c or said chapter twenty may plead guilty or nolo contendere thereto by appearing before a magistrate, magistrate court clerk, magistrate court deputy clerk or magistrate assistant in a county other than the county in which he is charged and pay an appropriate fine and costs as advised by such magistrate clerk or deputy clerk. The clerk, deputy clerk or magistrate assistant shall immediately forward the same to the appropriate magistrate court. The magistrate court may either accept or reject the same. In the event the same is rejected the plea shall be considered withdrawn and all moneys paid shall be returned and the matter shall proceed as if no such offer of plea had been made. Except where otherwise provided by rule of the supreme court of appeals, a plea of not guilty, guilty or no contest in a criminal proceeding triable by a magistrate shall be made in person before a magistrate of the county in which the offense occurred.

NOTE: The purpose of this bill is to clarify that pleas of not guilty, guilty or no contest must be made in magistrate cases in person before a magistrate of the county in which the offense occurred except where otherwise permitted by rule of the Ssupreme Ccourt of Aappeals such as, for example, Rule 7 of the Rules of Criminal Procedure for Magistrate Courts which permits defendants charged with certain offenses by way of citation to enter such a plea by telephone to a magistrate of the county in which the offense occurred.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
Staff Note: Current provisions of §50-5-14 permit a defendant charged in one county with a violation of §17-C-1 et seq (except §17C-5-1 or 2) and/or §20-1-1 (except violations of Chapter 20 where jail is a possible sentence) to plead guilty or no contest by appearing and doing so before the magistrate court of another county and paying the fine and costs imposed by such other magistrate court. Actually, the section provides that the defendant may enter such a plea by "appearing before a magistrate, magistrate court clerk, magistrate court deputy clerk or magistrate assistant" of that other county's court; and the fine and costs are to be such "as advised by such magistrate clerk or deputy clerk." The language of the section does not limit such "out of county" pleas only to such cases where a citation was issued. Upon receipt of the fine and costs, the employee of the "out of county" magistrate court is to forward the same to the magistrate court of the county in which the charge occurred. That county, however, retains the right to reject the "out of county" disposition of the case.
The WV Rules of Criminal Procedure for Magistrate Courts appear to neither permit nor prohibit the entry of a guilty or no contest plea to an "out of county" magistrate in cases where the offense has been charged by complaint or warrant. However, Rule 7 thereof appears to require that pleas of guilty or no contest must be made in the magistrate court of the county where the offense occurred in cases where the offense has been charged by citation. R. 7(a) and (b). However, the rule permits defendants charged by citation (except in cases of SRL, DUI, negligent homicide, reckless driving and Chapter 20 violations) to plead guilty or no contest through telephone and mail communications with a magistrate of the county where the offense occurred. R. 7(b)(2).
If §50-5-14 is amended as provided, (1)its current provisions permitting a person charged (through any charging instrument) with certain offenses to plead guilty or no contest before the magistrate court of a county other than the county in which the offense was charged would be eliminated, and (2) its new provisions would clearly state that except for those circumstances provided by court rule (telephone/mail pleas can be made in cases of certain citations), all pleas to a charge must be made in person before a magistrate of the county in which the offense was charged.