Senate Bill No. 288

(By Senators McKenzie and Bowman)


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[Introduced January 26, 2004; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §50-5-7 of the code of West Virginia, 1931, as amended, relating to providing for the continuation of misdemeanor prosecutions in cases where a defendant is charged by complaint with felonies and misdemeanors.

Be it enacted by the Legislature of West Virginia:
That §50-5-7 of the code of West Virginia,1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5. TRIALS, HEARINGS AND APPEALS.

§50-5-7. Right to trial in criminal cases.

Every defendant charged in a magistrate court in a criminal proceeding which is within the jurisdiction of the court shall have the right to a trial on the merits in the magistrate court. Provided, That if the misdemeanor offense is also charged with a felony offense and both offenses arise out of the same act or transaction or arise out of two or more acts or transactions connected together or constituting parts of a common scheme or plan then the defendant shall receive a preliminary hearing on the misdemeanor charge at the same time as the felony offense and the court with jurisdiction over the felony offense may conduct the trial for both offenses.




NOTE: The purpose of this bill is
to provide for the continuation of misdemeanor prosecutions in cases where a defendant is charged by complaint with felonies and misdemeanors.

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