Senate Bill No. 29
(By Senator Love and Dempsey)
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[Introduced January 14, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §50-5-7 of the code of West Virginia,
1931, as amended, relating to providing for the joinder of
misdemeanor prosecutions in circuit court originally charged
in magistrate court where a defendant is charged by complaint
with felonies and misdemeanors which are parts of the same
transaction or a common scheme or plan.
Be it enacted by the Legislature of West Virginia:
That §50-5-7 of the code of West Virginia, 1931, 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
constitute parts of a common scheme or plan. In magistrate court
where a misdemeanor is also charged with a felony offense, the
defendant is entitled to a preliminary hearing on the misdemeanor
charge which shall be held at the time set for the felony offense
or offenses.
NOTE: The purpose of this bill is to provide for the joinder
of misdemeanor prosecutions in circuit court originally charged in
magistrate court where a defendant is charged by complaint with
felonies and misdemeanors which are parts of the same transaction
or a common scheme or plan.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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