Bill Text: WV SB142 | 2018 | Regular Session | Introduced
Bill Title: Reducing number of strikes defendant has in criminal proceedings from six to four
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-10 - To Judiciary [SB142 Detail]
Download: West_Virginia-2018-SB142-Introduced.html
WEST virginia Legislature
2018 regular session
Introduced
Senate Bill 142
By Senator Sypolt
[Introduced
January 10, 2018; Referred
to 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 number of strikes in jury selection in felony cases to provide four strikes each to the accused and the prosecution; and setting forth the order the strikes are to be taken.
Be it enacted by the Legislature of West Virginia:
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 four
jurors and the prosecuting attorney may strike off two four
jurors. The prosecuting attorney shall first strike off two jurors, and then
the accused six first strikes off one juror then the accused strikes off
one juror. The parties continue in this manner until all strikes have been
used. If the accused failed fails to strike from such
panel the number of jurors this section allows, him 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 trial of the case.
Whenever in the opinion
of the court is of the opinion that the trial is likely to be a
may be a protracted one, the court it may direct that
not more than up to four jurors, in addition to the regular jury, be
called and impaneled to sit impaneled 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 impaneled and two
peremptory challenges if three or four alternate jurors are to be
impaneled. 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 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 the present law and underscoring indicates new language that would be added.