Senate Bill No. 74

(By Senator Love)

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[Introduced January 14, 2000; referred to the Committee on the Judiciary.]
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A BILL to amend article five, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section sixteen; to amend and reenact section nine, article ten, chapter fifty-one of said code; and to further amend said article by adding thereto a new section, designated section eleven, all relating to requiring notice of hearing in criminal cases to be served on bondsmen.

Be it enacted by the Legislature of West Virginia:
That article five, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section sixteen; that section nine, article ten, chapter fifty-one of said code be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section eleven, all to read as follows:
CHAPTER 50. MAGISTRATE COURTS.

ARTICLE 5. TRIALS, HEARINGS AND APPEALS.

§50-5-16. Hearing notices to be served on bondsmen.

Any party scheduling a hearing in a criminal case shall serve notice of hearing on the private or commercial bondsman guaranteeing the appearance of the defendant at the hearing. If the hearing is scheduled with less than six days' notice, the party scheduling the hearing shall, in addition to serving written notice, notify the bondsman by phone or in person in order to guarantee appearance by the defendant. No bond may be forfeited for the failure of the defendant to appear unless the bondsman, whether private or commercial, has been provided notice in compliance with this section.
CHAPTER 51. COURTS AND THEIR OFFICERS.

ARTICLE 10. PROFESSIONAL BONDSMEN IN CRIMINAL CASES.

§51-10-9. Penalties.

Any person violating any provisions of this article other than in the commission of false swearing or the provisions in section eleven of this article shall be punished by a fine of not more than one hundred dollars, or by imprisonment not exceeding six months in the county jail, or both, where no other penalty is provided by this article; and if the person so convicted be a police officer or other public official, he shall upon recommendation of the judge of the criminal court of record of the county to which this article is applicable also be forthwith removed from office; if a bondsman, or the agent, clerk, or representative of a bondsman, he shall be disqualified from thereafter engaging in any manner in the bonding business for such a period of time as the judge of the criminal court of record of the county to which this article is applicable shall order; and, if an attorney-at-law, shall be subject to suspension or disbarment as attorney-at-law.
§51-10-11. Hearing notices to be served on bondsmen.
Any party scheduling a hearing in a criminal case shall serve notice of hearing on the private or commercial bondsman guaranteeing the appearance of the defendant at the hearing. If the hearing is scheduled with less than six days' notice, the party scheduling the hearing shall, in addition to serving written notice, notify the bondsman by phone or in person in order to guarantee appearance by the defendant. No bond may be forfeited for the failure of the defendant to appear unless the bondsman, whether private or commercial, has been provided notice in compliance with this section.



NOTE: The bill requires that any party scheduling a hearing in a criminal case give notice of the hearing to the private or commercial bondsman guaranteeing the appearance of the defendant at the hearing.

§§50-5-16 and 51-10-11 are new, therefore strike-throughs and underscoring are omitted.

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