WEST virginia legislature

2016 regular session

Introduced

House Bill 4599

By Delegates Skinner, Fleischauer, Campbell, Guthrie, Fluharty, Miley, Manchin, Reynolds, White, P., Eldridge and Byrd

[Introduced February 17, 2016; referred to the committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-14-1, relating to extending the statute of limitations in personal actions for damages for victims of criminal actions.

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 article, designated §61-14-1, to read as follows:

Article 14.  Extending statute of limitations for victims of criminal actions.

§61-14-1.  Suspension of limitations during criminal proceedings; when civil action may be brought.

(a) In any personal action for damages, if a criminal prosecution arising out of the same facts is commenced, the time the prosecution is pending shall not be computed as part of the period within which the civil action may be brought.  For purposes of this section, the time during which a prosecution is pending shall be calculated from the date of the issuance of a warrant, summons or capias; the return or filing of an indictment or information; or the defendant’s first appearance in any court as an accused in the prosecution, whichever date occurs first, until the date of the final judgment or order in the trial court, the date of the final disposition of any direct appeal in state court, or the date on which the time for noting an appeal has expired, whichever date occurs last. Thereafter, the civil action may be brought within the remaining period of the statute or within one year, whichever is longer.

(b) If a criminal prosecution is commenced and a grand jury indictment is returned or a grand jury indictment is waived after the period within which a civil action arising out of the same set of facts may be brought, a civil action may be brought within one year of the date of the final judgment or order in the trial court, the date of the final disposition of any direct appeal in state court, or the date on which the time for noting an appeal has expired, whichever date occurs last.

NOTE: The purpose of this bill is to extend the statute of limitations for victims of criminal actions.

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