H. B. 2824


(By Delegates Perry, Beach, Howard,
Shaver, Palumbo, Pino and Hrutkay)

[Introduced January 31, 2003; referred to the
Committee on the Judiciary.]



A BILL to amend and reenact section seven, article five, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing for the continuation of misdemeanor prosecutions in cases where a defendant is charged by complaint with felonies and misdemeanors.

Be it enacted by the Legislature of West Virginia:
That section seven, article five, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, 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.




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

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