H. B. 2090


(By Delegate Yost)
[Introduced January 9, 2008; 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 limiting the right to a jury trial in misdemeanor criminal cases in magistrate court when the misdemeanor is also charged with a felony offense; and providing for a preliminary hearing on both the misdemeanor and felony offenses.

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 arise out of two or more acts or transactions connected together or constituting parts of a common scheme or plan. In magistrate court, where a misdemeanor is also charged with a felony offense, the defendant shall receive a preliminary hearing on the misdemeanor charge at the same time as the felony offense, unless the misdemeanor charge is dismissed in the magistrate court pending
presentation to the grand jury with the felony offense.



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

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