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Chapter 62     Entire Code


ARTICLE 1. PRELIMINARY PROCEDURE.

ARTICLE 1A. SEARCH AND SEIZURE.

ARTICLE 1B. DISCOVERY.

ARTICLE 1C. BAIL.

ARTICLE 1D. WIRETAPPING AND ELECTRONIC SURVEILLANCE ACT.

ARTICLE 1E. EYEWITNESS IDENTIFICATION ACT.

ARTICLE 1F. ELECTRONIC INTERCEPTION OF PERSON\'S CONDUCT OR ORAL COMMUNICATIONS IN HOME BY LAW ENFORCEMENT.

ARTICLE 1G. SUBPOENA POWERS FOR AID OF CRIMINAL INVESTIGATION RELATING TO CERTAIN OFFENSES AGAINST MINORS.

ARTICLE 2. PRESENTMENTS AND INDICTMENTS.

ARTICLE 3. TRIAL OF CRIMINAL CASES.

ARTICLE 4. RECOVERY OF FINES IN CRIMINAL CASES.

ARTICLE 5. COSTS IN CRIMINAL CASES.

ARTICLE 6A. SECURING ATTENDANCE OF NONRESIDENT WITNESSES.

ARTICLE 6B. PROTECTION AND PRESERVATION OF STATEMENTS AND TESTIMONY OF CHILD WITNESS.

ARTICLE 7. EXECUTION OF SENTENCES; STAYS.

ARTICLE 8. CRIMES BY AND PROCEEDINGS AGAINST INMATES.

ARTICLE 9. FORMS OF INDICTMENTS.

ARTICLE 10. PREVENTION OF CRIME.

ARTICLE 11. FRESH PURSUIT.

ARTICLE 11A. RELEASE FOR WORK AND OTHER PURPOSES.

ARTICLE 11B. HOME INCARCERATION ACT.

ARTICLE 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.

ARTICLE 11D. HEIGHTENED EXAMINATION AND SUPERVISION FOR CERTAIN SEX OFFENDERS.

ARTICLE 11E. SEXUALLY VIOLENT PREDATOR MANAGEMENT TASK FORCE.

ARTICLE 11F. PRETRIAL RELEASE PROGRAMS.

ARTICLE 12. PROBATION AND PAROLE.

ARTICLE 13. CORRECTIONS MANAGEMENT.

ARTICLE 14. AGREEMENT ON DETAINERS.

ARTICLE 14A. EXTRADITION.

ARTICLE 15. DRUG OFFENDER ACCOUNTABILITY AND TREATMENT ACT.

ARTICLE 15A. ADDICTION TREATMENT PILOT PROGRAM.

ARTICLE 15B. FAMILY DRUG TREATMENT COURT ACT.

ARTICLE 16. THE MILITARY SERVICE MEMBERS COURT ACT.

ARTICLE 6. MISCELLANEOUS PROVISIONS CONCERNING CRIMINAL PROCEDURES.

§62-6-1. Recognizance to keep the peace; condition.

Every recognizance to keep the peace shall be conditioned to the effect that the person of whom it is taken shall keep the peace and be of good behavior for such time, not exceeding one year, as the court or justice requiring it may direct; and if such court or justice directs, it may, when taken of a person charged with an offense, be with condition for so keeping the peace and being of good behavior, in addition to the other conditions of his recognizance imposed in accordance with the provisions of article one-c of this chapter.

§62-6-2.

Repealed.

Acts, 2007 Reg. Sess., Ch. 70.

§62-6-3. Recognizance of insane person or minor.

A recognizance which would be taken of a person but for his being insane or a minor, may be taken of another person, and without further surety, if such other person be deemed sufficient.

§62-6-4. Witnesses in criminal cases; forced attendance.

In a criminal case, a summons for a witness may be issued by the prosecuting attorney. Sections one, four, five, six and eight, article five, chapter fifty-seven of this code shall, in other respects, apply to a criminal as well as a civil case, except that a witness in a criminal case shall be obliged to attend and may be proceeded against for failing to do so, although there may not previously have been any payment, or tender to him of anything for attendance, mileage or tolls.

§62-6-5. Failure of juror to attend inquest out of court.

The name of any person summoned by an officer, in failing to attend as a juror upon an inquest out of court, shall be returned by such officer at the next term of the circuit court of such officer's county. Such court shall fine such person, unless he have a reasonable excuse for his failure, $10.

§62-6-6. Proceedings for fines for contempt or disobedience of process.

No court shall impose a fine upon a juror, witness or other person, for disobedience of its process or any contempt, unless he be present in a court at the time, or shall have been served with a rule of the court, returnable to a time certain, requiring him to show cause why the fine should not be imposed, and shall have failed to appear and show cause.

§62-6-6a. Disposition of prisoners.

[Repealed.]

§62-6-7. Severability.

If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or its application, and to this end, the provisions of this article are declared to be severable.

§62-6-8. Alleged victim of sexual offense may not be required to submit to a polygraph examination or other truth telling device as a condition of investigating an alleged offense nor may prosecutors or law-enforcement officers decline to proceed if the victim refuses such examination.

No law-enforcement officer, prosecutor or any other government official may ask or require the adult, youth or child victim of an alleged sexual offense, as set forth in the provisions of section six, article eight, chapter sixty-one of this code; section six, article twelve of said chapter; section five, article eight-d, of said chapter; and article eight-b of said chapter, or any other sexual offense as defined under state or local law, to submit to a polygraph examination or other truth-testing examination as a condition for proceeding with the investigation of the alleged offense. No law-enforcement officer, prosecutor or any other government official may refuse to proceed with an investigation, warrant, indictment, information or prosecution of the alleged offense because the alleged victim refused to submit to such an examination.

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