H. B. 2268
(By Delegate Trump)
(Originating in the Committee on the Judiciary)
[February 27, 1997]
A BILL to amend and reenact section nine, article five, chapter
fifty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the time to
render a finding of guilty or not guilty and to impose a
sentence in a magistrate criminal case.
Be it enacted by the Legislature of West Virginia:
That section nine, 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.
§50-5-9. Entry of judgment; sentence.
(a) In every criminal case in which the defendant is in
custody, a magistrate shall enter judgment render a finding of
guilty or not guilty immediately upon the conclusion of the trial
or hearing. In all other proceedings, a magistrate shall enter
render judgment a finding of guilty or not guilty no later than
the next succeeding day after the conclusion of the trial or
hearing, excluding Saturdays, Sundays and legal holidays.
(b)(1) Sentence shall be imposed in open court within sixty days from the date of the finding of guilt except where sentence
is required to be imposed within a lesser period under the
provisions of subdivision (2) of this subsection.
(2) Sentence shall be imposed in open court upon a defendant
in custody on or before the date of the expiration of the time
equivalent to the maximum sentence that may be imposed for the
offense. In determining the date, the magistrate shall include
in the computation any credit to which the defendant is entitled
for the time of confinement spent by the defendant in jail
awaiting trial and sentencing.
Note: The purpose of this bill is to clarify the time
within which magistrates may impose a sentence in a criminal
case.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.