H. B. 4326


(By Delegates Reynolds, Rodighiero, Ellis,

Morgan, Craig, Stephens)

[Introduced January 29, 2008; referred to the

Committee on Government Organization then the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-1-21, relating to authorizing the Supreme Court of Appeals to promulgate rules to establish and implement a uniform bail schedule.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §51-1-21, to read as follows:

ARTICLE 1. SUPREME COURT OF APPEALS.

§51-1-21. Uniform interim bail schedules.

(a) The Supreme Court of Appeals may promulgate rules, pursuant to the provisions of section four of this article, establishing and implementing a uniform bail schedule for any criminal offense it deems just and proper.

(b) All persons who utilize the uniform bail schedule to post
bond and obtain release must appear before a magistrate on the next judicial day. Failure of the person released to present him or her to a designated county magistrate the following judicial day will result in forfeiture of the posted bond in addition to any other penalties prescribed by law.




NOTE:
The purpose of this bill is to allow the Supreme Court of Appeals to establish a uniform bail schedule which will allow persons charged with a crime to be released by posting a standard bail when a magistrate is not available.

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