Senate Bill No. 29

(By Senator Love and Dempsey)

____________

[Introduced January 14, 2004; referred to the Committee on the Judiciary.]

____________




A BILL to amend and reenact §50-5-7 of the code of West Virginia, 1931, as amended, relating to providing for the joinder of misdemeanor prosecutions in circuit court originally charged in magistrate court where a defendant is charged by complaint with felonies and misdemeanors which are parts of the same transaction or a common scheme or plan.

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 unless the misdemeanor offense is also charged with a felony offense and
both offenses arise out of the same act or transaction or constitute parts of a common scheme or plan. In magistrate court where a misdemeanor is also charged with a felony offense, the defendant is entitled to a preliminary hearing on the misdemeanor charge which shall be held at the time set for the felony offense or offenses.


NOTE: The purpose of this bill is to provide for the joinder of misdemeanor prosecutions in circuit court originally charged in magistrate court where a defendant is charged by complaint with felonies and misdemeanors which are parts of the same transaction or a common scheme or plan.

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