Introduced Version
House Bill 3118 History
| Email
Key: Green = existing Code. Red = new code to be enacted
H. B. 3118
(By Delegate Manypenny)
[Introduced
March 25, 2013
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §62-3-13 of the Code of West Virginia,
1931, as amended, relating to requiring a change of venue in
all criminal matters for which the sentence could be life
without mercy and to allow for appeals by current inmates who
are serving a life without mercy charge and for whom no change
of venue motion was made or granted.
Be it enacted by the Legislature of West Virginia:
That §62-3-13 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. TRIAL OF CRIMINAL CASES.
§62-3-13. Change of venue.
(a) Except as provided in subsection (b) of this section, a
court may, on the petition of the accused and for good cause shown,
order the venue of the trial of a criminal case in such court to be removed to some other county. When the venue is so changed, the
court making the order shall recognize the witnesses and the
accused, if the offense be bailable and bail be given, to appear on
some a certain day before the court to which the case is removed.
If the offense be not bailable or the bail required be not given,
the court shall remand him or her to its own jail and order its
officer to remove him or her thence to the jail of the court to
which the case is so removed so that he or she shall will be there
before the day for the appearance of the witnesses. The clerk of
the court that orders a change of venue shall certify copies of
such the recognizance and of the record of the case to the clerk of
the court to which the case is removed. and such court The court to
which the matter was removed shall proceed with the case as if the
prosecution had been originally therein and for that purpose the
certified copies aforesaid shall be are sufficient.
(b) A change of venue is required, upon motion, for one
accused of a crime that carries a sentence of life without mercy.
The procedure for removing in these instances are as described in
subsection (a) of this section.
_____(c) A defendant convicted and serving a sentence of life
without mercy at the time of the enactment of subsection (b) of
this section, shall be granted an appeal, upon petition, of his or
her conviction.
NOTE: The purpose of this bill is to require a change of venue
in all criminal matters from which a sentence of life without mercy
could result and to grant appeal rights to all defendants who are
currently serving a life without mercy sentence.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.