Bill Text: WV HB2828 | 2017 | Regular Session | Comm Sub
Bill Title: Changing the number of strikes in jury selection in felony cases
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-03-21 - House rejected (Roll No. 134) [HB2828 Detail]
Download: West_Virginia-2017-HB2828-Comm_Sub.html
WEST virginia legislature
2017 regular session
Committee Substitute
for
House Bill 2828
By Delegates Summers, Canestraro, Miller, R. and Hollen
[Originating in the Committee on the Judiciary]
A BILL to amend and reenact §62-3-3 of the Code of West Virginia, 1931, as amended, relating to changing the number of strikes in jury selection in felony cases to provide five strikes to the accused and three strikes to the prosecution; and setting forth the order the strikes are to be taken.
Be it enacted by the Legislature of West Virginia:
That §62-3-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. TRIAL OF CRIMINAL CASES.
§62-3-3. Selection of jury in felony cases; striking jurors; alternate jurors.
In a case of felony, twenty
jurors shall be drawn from those in attendance for the trial of the accused. If
a sufficient number of jurors for such panel cannot be procured in this
way, the court shall order others to be forthwith summoned and selected, until
a panel of twenty jurors, free from exception, be completed, from which is
complete. From this panel the accused may strike off six jurors five
jurors and the prosecuting attorney may strike off two jurors three
jurors. The prosecuting attorney shall first strike off two three
jurors, and then the accused six five. If the accused failed
to strike from such panel fails to strike the number of jurors this
section allows him or her to strike the number not stricken off
by him or her shall be stricken off by the prosecuting attorney, so as
to reduce the panel to twelve, who shall compose the jury for the trial of
the case. This panel composes the regular jury for the trial of the
case.
Whenever, in the opinion
of the court determines the trial is likely to may be
a protracted one, the court may direct that not more than up to
four jurors, in addition to the regular jury, be called and impanelled to sit
as alternate jurors. Alternate jurors in the order in which they are called
shall replace jurors who, prior to the time the jury retires to consider its
verdict, become unable or disqualified to perform their duties. Alternate
jurors shall be drawn in the same manner, shall have the same
qualifications, shall be subject to the same examination and challenges,
shall take the same oath and shall have the same functions, powers,
facilities and privileges as the regular jurors. An alternate juror who does
not replace a regular juror shall be discharged after the jury retires to
consider its verdict. Each side is entitled to one peremptory challenge in
addition to those otherwise allowed by law if one or two alternate jurors are to
be impanelled, and two peremptory challenges if three or four alternate
jurors are to be impanelled. The additional peremptory challenges may be
used against an alternate juror only, and the other peremptory challenges
allowed by this section may not be used against an alternate juror.
NOTE: The purpose of this bill is to decrease the number of strikes a defendant has in a criminal proceeding from six to four from a panel of potential jurors. The bill increases the number of strikes the prosecution has from two to four. The bill also sets forth the order the strikes are to be taken.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.