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Engrossed Version Senate Bill 153 History

OTHER VERSIONS  -  Introduced Version - Originating in Committee  |     |  Email
Key: Green = existing Code. Red = new code to be enacted
ENGROSSED

Senate Bill No. 153

(By Senators Wooton, Ball, Dittmar, Hunter, Kessler,

Mitchell, Oliverio, Ross, Snyder and McKenzie)

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[Originating in the Committee on the Judiciary;


reported January 15, 1999.]

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A BILL to amend and reenact article four, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one-a, relating to codifying prosecutorial authority to enter into pre-prosecution or pre-trial agreements with defendants; and conditions.

Be it enacted by the Legislature of West Virginia:
That article four, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted by adding thereto a new section, designated section one- a, to read as follows:
ARTICLE 4. PROSECUTING ATTORNEY, REWARDS AND LEGAL ADVICE.
§7-4-1a. Diversion agreements; conditions.
(a) Whenever a prosecuting attorney of any county of this state or a person acting as a special prosecutor deem it to be in the interests of justice, he or she may enter into a diversion agreement with a person under investigation or charged with an offense against the state of West Virginia. The agreement shall be in writing and shall be executed in the presence of the person's attorney.
(b) Any agreement entered into pursuant to the provisions of subsection (a) of this section shall be for a specific period of time not to exceed twenty-four months, as set forth in the agreement between the prosecuting attorney and the person being investigated or charged. The terms of any agreement entered into pursuant to the provisions of this section may be similar in nature to those for probationers as set forth in section nine, article twelve, chapter sixty-two of this code, including supervision by a probation officer of the court for the jurisdiction in which the prosecuting attorney serves where a petition for such supervision has been granted by the circuit court. It shall be an express provision of any agreement entered into pursuant to the provisions of this section that the applicable statute of limitations be tolled for the time period of the agreement.
(c) A person who has entered into an agreement for diversion with a prosecuting attorney and who has successfully complied with the terms of the agreement shall not be subject to prosecution for the offense or offenses set forth in the agreement as constituting the conduct or the transaction underlying the agreement.
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(NOTE: The purpose of this bill is to codify the practice of pre-prosecution or pre-trial diversion and to authorize the use of probationers for supervising divertees.

Section one-a is new; therefore, strike-throughs and underscoring have been omitted.)
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