2009 West Virginia Code
CHAPTER 62. CRIMINAL PROCEDURE

ARTICLE 1. PRELIMINARY PROCEDURE. 

• §62-1-1 Complaint.
• §62-1-2 Warrant -- Issuance.
• §62-1-3 Same -- Contents.
• §62-1-4 Same -- Execution; arrest by officer without warrant in possession; duplicate warrants.
• §62-1-5 Same -- Delivery of prisoner before magistrate; complaint for person arrested without warrant; return.
• §62-1-5a Citation in lieu of arrest; failure to appear.
• §62-1-6 Informing defendant of nature of complaint and his rights; opportunity to confer with counsel and arrange bail.
• §62-1-7 Offense arising in other county.
• §62-1-8 Preliminary examination.
• §62-1-9 Continuance.
• §62-1-10 Concurrent powers.
• §62-1-11 Repeal of inconsistent laws.
• §62-1-12 Severability.

ARTICLE 1A. SEARCH AND SEIZURE. 

• §62-1A-1 Search warrant -- Who may issue.
• §62-1A-2 Same -- Grounds for issuance; property defined.
• §62-1A-3 Same -- Issuance and contents.
• §62-1A-4 Same -- Execution and return with inventory.
• §62-1A-5 Breaking and entering premises.
• §62-1A-6 Motion for return of property and to suppress evidence.
• §62-1A-7 Disposition of seized property.
• §62-1A-8 Purpose of article; construction of other provisions dealing with search warrants; repeal of inconsistent laws.
• §62-1A-9 Severability.

ARTICLE 1B. DISCOVERY. 

• §62-1B-1 Bill of particulars.
• §62-1B-2 Defendant's statements; reports of examinations and tests; defendant's books, papers and tangible objects.
• §62-1B-3 Time of motion.
• §62-1B-4 Severability.

ARTICLE 1C. BAIL. 

• §62-1C-1 Right to bail; exceptions; review.
• §62-1C-1a Release upon own recognizance authorized.
• §62-1C-2 Bail defined; form; receipts.
• §62-1C-3 Fixing of amount; bail may cover two or more charges.
• §62-1C-4 Recognizance; signing; requirements for signers or surety company; release upon own recognizance; indigent persons.
• §62-1C-5 Recognizance and deposits subject to order of court or magistrate.
• §62-1C-6 Continuing bail.
• §62-1C-7 Forfeiture of bail; basis therefor.
• §62-1C-8 Same -- Setting aside.
• §62-1C-9 Same -- Enforcement.
• §62-1C-10 Same -- Bail in excess of jurisdictional limit of justice or of particular court.
• §62-1C-11 Same -- Remission.
• §62-1C-12 Same -- Exoneration; return of deposit.
• §62-1C-13 Same -- Defects in form of bail.
• §62-1C-14 Bailpiece; issuance to surety; taking accused into custody.
• §62-1C-15 Bail for witness.
• §62-1C-16 Guaranteed arrest bond certificate.
• §62-1C-17 Offenses against municipalities.
• §62-1C-17a Bail in situations of alleged child abuse.
• §62-1C-17b Failure to appear; penalties.
• §62-1C-17c Bail in cases of crimes between family or household members.
• §62-1C-18 Repeal of inconsistent laws.
• §62-1C-19 Severability.

ARTICLE 1D. WIRETAPPING AND ELECTRONIC SURVEILLANCE ACT. 

• §62-1D-1 Short title.
• §62-1D-2 Definitions.
• §62-1D-4 Manufacture, possession or sale of intercepting device.
• §62-1D-5 Forfeiture of device.
• §62-1D-6 Admissibility of evidence.
• §62-1D-7 Designated judges.
• §62-1D-8 County prosecuting attorney or duly appointed special prosecutor may apply for order authorizing interception.
• §62-1D-9 Lawful disclosure or use of contents of communication.
• §62-1D-10 Pen registers and trap and trace devices.
• §62-1D-11 Ex parte order authorizing interception.
• §62-1D-12 Civil liability; defense to civil or criminal action.
• §62-1D-13 Registration of intercepting devices; serial number.
• §62-1D-14 Breaking and entering, etc., to place or remove equipment.
• §62-1D-15 Training and certification of law-enforcement officers employed in the interception of wire, oral or electronic communications which require a court order.
• §62-1D-16 Severability of provisions.

ARTICLE 1E. EYEWITNESS IDENTIFICATION ACT. 

• §62-1E-1 Definitions.
• §62-1E-2 Eyewitness identification procedures.
• §62-1E-3 Training of law-enforcement officers.

ARTICLE 1F. ELECTRONIC INTERCEPTION OF PERSON'S CONDUCT OR ORAL COMMUNICATIONS IN HOME BY LAW ENFORCEMENT. 

• §62-1F-4 Order authorizing interception.
• §62-1F-6 Sealing of applications, orders and supporting papers.
• §62-1F-7 Investigative disclosure or use of contents of wire, electronic or oral communications or derivative evidence.
• §62-1F-8 Interception of communications relating to other offenses.

ARTICLE 2. PRESENTMENTS AND INDICTMENTS. 

• §62-2-1 Prosecutions to be by presentment or indictment.
• §62-2-2 When name of prosecutor, etc., to be affixed to indictment, etc.; requiring security for costs from prosecutor.
• §62-2-3 When costs assessed against prosecutor.
• §62-2-4 Indictment for perjury; admissibility of certain records, etc., as evidence.
• §62-2-5 Indictment for embezzlement; description and proof of money in prosecutions for embezzlement and other crimes.
• §62-2-6 Indictment for forgery.
• §62-2-7 Proof of possession of or title to property.
• §62-2-8 Allegations of intent to injure, cheat or defraud.
• §62-2-9 Unnecessary allegations may be omitted.
• §62-2-10 Defects not invalidating indictment.
• §62-2-11 Defects cured by verdict.
• §62-2-12 Discharge of imprisoned person upon failure to indict within certain time; person not indicted by reason of insanity.
• §62-2-13 Process, capias and summons in criminal cases.
• §62-2-14 Direction and execution of process; several writs against same person.
• §62-2-15 Mailing of process by clerk to officer.
• §62-2-16 Execution of process within state.
• §62-2-17 Delivery of prisoner to court, magistrate or jailer.
• §62-2-18 Repealed
• §62-2-19 Prosecutions relating to license taxes, offenses against public policy, etc.
• §62-2-20 Exceptions to indictments relating to license taxes and offenses against public policy.
• §;62-2-19.
• §62-2-22 Discontinuance of criminal prosecution for failure to award process or enter continuance.
• §62-2-23 Prosecutions against corporations; effect of failure of corporation to appear.
• §62-2-24 Joinder of certain counts.
• §62-2-25 Compromise or suppression of indictment or presentment.

ARTICLE 3. TRIAL OF CRIMINAL CASES. 

• §62-3-1 Time for trial; depositions of witnesses for accused; counsel, copy of indictment, and list of jurors for accused; remuneration of appointed counsel.
• §62-3-1a Written guilty plea; form; right to counsel; effect of plea; failure of plea to be signed or witnessed.
• §62-3-2 Presence of accused during trial; arraignment; plea.
• §62-3-3 Selection of jury in felony cases; striking jurors; alternate jurors.
• §62-3-4 Challenge of jurors.
• §62-3-5 Repealed
• §62-3-6 Custody of jury; board and lodging of jurors; conversation with jurors.
• §62-3-7 Filling vacancy in jury; discharge of jury.
• §62-3-8 Jury for defendants indicted and tried jointly; jury for separate trials of persons jointly indicted.
• §62-3-9 Repealed
• §62-3-10 Repealed
• §62-3-11 Repealed
• §62-3-12 Repealed
• §62-3-13 Change of venue.
• §62-3-14 Conviction of part of offense charged in indictment.
• §62-3-15 Verdict and sentence in murder cases.
• §62-3-16 Verdicts jury may find on indictments for homicide or assault.
• §62-3-17 Verdicts jury may find in prosecution for larceny.
• §62-3-18 Conviction of attempt on trial for felony; effect of general verdict of not guilty.
• §62-3-19 Faulty counts in indictment.
• §62-3-20 Verdict and judgment in joint trial.
• §62-3-21 Discharge for failure to try within certain time.

ARTICLE 4. RECOVERY OF FINES IN CRIMINAL CASES. 

• §62-4-1 Fines to accrue to state for support of free schools, unless otherwise provided.
• §62-4-2 Allowance to informer or person prosecuting.
• §62-4-3 Fine, imprisonment, etc., to be by indictment, etc.; exception.
• §62-4-4 Recovery of fines before justice or in court.
• §62-4-5 Form of proceedings.
• §62-4-6 Remission of fines by governor.
• §62-4-7 Remission of fines by courts.
• §62-4-8 Duties of prosecuting attorney in relation to fines.
• §62-4-9 Capias pro fine; release of defendant on bond.
• §62-4-10 Discharge from confinement; allowances for labor while confined.
• §62-4-11 Fieri facias for collection of fines.
• §62-4-12 Repealed
• §62-4-13 Repealed
• §62-4-14 Repealed
• §62-4-15 Limitation upon collection of fines.
• §62-4-16 Community service work may be substituted in lieu of a fine in municipal court.
• §62-4-17 Suspension of licenses for failure to pay fines and costs or failure to appear in court.

ARTICLE 5. COSTS IN CRIMINAL CASES. 

• §62-5-1 Payment of witnesses.
• §62-5-2 Payment of witness fees and other legal charges by prosecutor.
• §62-5-3 Repealed
• §62-5-4 Fees of officer executing process or rendering service out of county in felony cases.
• §62-5-5 Certificate by the court as to fees and expenses.
• §62-5-6 Expenses of preliminary hearing before justice certified to clerk.
• §62-5-7 Execution for expenses incident to prosecution.
• §62-5-8 Failure to present claim in time.
• §62-5-9 Fee to prosecuting attorney out of state treasury; judgment against state for costs.
• §62-5-10 Mandatory cost assessed upon conviction of a felony.

ARTICLE 6. MISCELLANEOUS PROVISIONS CONCERNING CRIMINAL PROCEDURES. 

• §62-6-1 Recognizance to keep the peace; condition.
• §62-6-2 Repealed
• §62-6-3 Recognizance of insane person or minor.
• §62-6-4 Witnesses in criminal cases; forced attendance.
• §62-6-5 Failure of juror to attend inquest out of court.
• §62-6-6 Proceedings for fines for contempt or disobedience of process.
• §62-6-6a Disposition of prisoners.
• §62-6-7 Severability.
• §62-6-8 Alleged victim of sexual offense may not be required to submit to a polygraph examination or other truth telling device as a condition of investigating an alleged offense nor may prosecutors or law-enforcement officers decline to proceed if the victim refuses such examination.

ARTICLE 6A. SECURING ATTENDANCE OF NONRESIDENT WITNESSES. 

• §62-1A-1 Definitions.
• §62-6A-2 Summoning witness in this state to testify in another state.
• §62-6A-3 Summoning witness in another state to testify in this state.
• §62-6A-4 Exemption from arrest or service of process.
• §62-6A-5 Construction of article.
• §62-6A-6 How article cited.

ARTICLE 6B. PROTECTION AND PRESERVATION OF STATEMENTS AND TESTIMONY OF CHILD WITNESS. 

• §62-6B-1 Legislative findings.
• §62-6B-2 Definitions.
• §62-6B-3 Findings of fact required for taking testimony of child witness by closed-circuit television; considerations for court.
• §62-6B-4 Procedures required for taking testimony of child witness by closed-circuit television; election of defendant; jury instruction; sanction for failure to follow procedures.
• §62-6B-5 Memorialization of statements of certain child witnesses; admissibility; hearing.

ARTICLE 7. EXECUTION OF SENTENCES; STAYS. 

• §62-7-1 Stay of proceedings.
• §62-7-2 Period of stay when writ of error awarded.
• §62-7-3 Stay of proceedings; removal to penitentiary after reasonable time pending appeal; procedure for bail.
• §62-7-4 Repealed
• §62-7-5 Repealed
• §62-7-6 Repealed
• §62-7-7 Removal of convicts to penitentiary -- Generally.
• §62-7-8 Same -- Prevention of rescue or escape; additional guards.
• §62-7-9 Same -- Immunity of guards from arrest.
• §62-7-10 Commitment paper.

ARTICLE 8. CRIMES BY AND PROCEEDINGS AGAINST INMATES. 

• §62-8-1 Offenses by inmates; conspiracy.
• §62-8-2 Punishment of convicts; no discharge from correctional institution while prosecution is pending.
• §62-8-3 Venue of trials of convicts.
• §62-8-4 Procedure in sentencing inmates to further confinement for second and third offenses.
• §62-8-5 Prosecutions for offenses under this article.
• §62-8-6 Convicts competent as witnesses; proceedings, etc., as in other cases.
• §62-8-7 Court costs incurred in prosecution of convicts.
• §62-8-8 Orders and warrants for arrest of inmates; authorization to obtain arrest warrants.

ARTICLE 9. FORMS OF INDICTMENTS. 

• §62-9-1 General form of indictments.
• §62-9-2 Indictment for treason.
• §62-9-3 Indictment for murder.
• §62-9-4 Indictment for voluntary manslaughter.
• §62-9-5 Indictment for abortion.
• §62-9-6 Indictment for robbery.
• §62-9-7 Repealed
• §62-9-8 Indictment for arson.
• §62-9-9 Indictment for burglary.
• §62-9-10 Indictment for larceny.
• §62-9-11 Indictment for embezzlement.
• §62-9-12 Indictment for false pretenses.
• §62-9-13 Indictment for taking, injuring or destroying property.
• §62-9-14 Indictment for false statement of financial condition.
• §62-9-15 Indictment for giving worthless check.
• §62-9-16 Indictment for the forgery of writings.
• §62-9-17 Indictment for perjury.
• §62-9-18 Indictment for disturbing religious worship.
• §62-9-19 Indictment for bigamy.
• §62-9-20 Indictment for adultery.
• §62-9-21 Indictment for keeping house of ill fame.

ARTICLE 10. PREVENTION OF CRIME. 

• §62-10-2 Intended offense -- Complaint; warrant.
• §62-10-3 Hearing, judgment, appeal process for security to keep the peace.
• §62-10-4 Same -- Proceedings on appeal; discharge from commitment by circuit court.
• §62-10-5 Recognizance in carrying weapons.
• §62-10-6 Offenses in presence of constable.
• §62-10-7 Offenses in presence of justice.
• §62-10-8 Special peace officers at fairs.
• §62-10-9 Power and authority of sheriffs, deputy sheriffs and correctional officers to make arrests.

ARTICLE 11. FRESH PURSUIT. 

• §62-11-1 Arrests within state by nonresident peace officer.
• §62-11-2 Procedure upon arrest.
• §;62-11-1.
• §62-11-4 "State" includes District of Columbia.
• §62-11-5 "Fresh pursuit" defined.
• §62-11-6 Secretary of state to certify article.
• §62-11-7 How article cited.

ARTICLE 11A. RELEASE FOR WORK AND OTHER PURPOSES. 

• §62-11A-1 Release for work and other purposes by courts of record with criminal jurisdiction.
• §62-11A-1a Other sentencing alternatives.
• §62-11A-2 Employment by county.
• §62-11A-3 Personnel status; limitation on liability of public officials and county and community service work agencies.
• §62-11A-4 Violations; penalties.

ARTICLE 11B. HOME INCARCERATION ACT. 

• §62-11B-1 Short title.
• §62-11B-2 Applicability.
• §62-11B-3 Definitions.
• §62-11B-4 Home incarceration; period of home incarceration; applicability.
• §62-11B-5 Requirements for order for home incarceration.
• §62-11B-6 Circumstances under which home incarceration may not be ordered; exceptions.
• §62-11B-7 Home incarceration fees; special fund.
• §62-11B-7a Employment by county commission of home incarceration supervisors; authority of supervisors.
• §62-11B-8 Offender responsible for certain expenses.
• §62-11B-9 Violation of order of home incarceration procedures; penalties.
• §62-11B-10 Information to be provided law-enforcement agencies.
• §62-11B-11 Discretion of the court; provisions of article not exclusive.
• §62-11B-12 Supervision of home incarceration by circuit court.
• §62-11B-13 Home incarceration for municipal court offenders.

ARTICLE 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT. 

• §62-11C-1 Legislative intent.
• §62-11C-2 Community corrections subcommittee.
• §62-11C-3 Duties of the governor's committee and the community corrections subcommittee.
• §62-11C-4 Special revenue account.
• §62-11C-5 Establishment of programs.
• §62-11C-6 Community criminal justice boards.
• §62-11C-7 Supervision or participation fee.
• §62-11C-8 Local community criminal justice accounts.
• §62-11C-9 Use of community corrections programs for those not under court supervision.

ARTICLE 11D. HEIGHTENED EXAMINATION AND SUPERVISION FOR CERTAIN SEX OFFENDERS. 

• §62-11D-1 Definitions.
• §62-11D-2 Polygraph examinations as a condition of supervision for certain sex offenders released on probation, parole or on supervised release.
• §62-11D-3 Electronic monitoring of certain sex offenders under supervision; tampering with devices; offenses and penalties.

ARTICLE 11E. SEXUALLY VIOLENT PREDATOR MANAGEMENT TASK FORCE. 

• §62-11E-1 Legislative findings and intent.
• §62-11E-2 Sexually Violent Predator Management Task Force created; duties.
• §62-11E-3 Schedule; public hearings.

ARTICLE 12. PROBATION AND PAROLE. 

• §62-12-1 Courts having authority to place offenders on probation.
• §62-12-2 Eligibility for probation.
• §62-12-3 Suspension of sentence and release on probation.
• §62-12-4 Probation of offenders convicted in courts other than courts of record.
• §62-12-5 Probation officers and assistants.
• §62-12-5a Repealed
• §62-12-6 Powers and duties of probation officers.
• §62-12-7 Preliminary investigation; report on prospective probationers.
• §62-12-7a Presentence diagnosis and classification; power of court; custody of convicted person; provision for presentence reports; penalty for escape.
• §62-12-8 Record of order as to release on probation.
• §62-12-9 Conditions of release on probation.
• §62-12-10 Violation of probation.
• §62-12-11 Probation period.
• §62-12-12 Parole board generally.
• §62-12-12a Parole board panels.
• §62-12-13 Powers and duties of board; eligibility for parole; procedure for granting parole.
• §62-12-13a Eligibility date for parole.
• §62-12-14 Appointment of probation and parole officers and clerical assistants; qualifications of officers; salaries and expenses.
• §62-12-14a Director of employment for paroled convicts.
• §62-12-15 Powers and duties of state parole officers.
• §62-12-16 Repealed
• §62-12-17 Conditions of release on parole.
• §62-12-18 Period of parole; discharge.
• §62-12-19 Violation of parole.
• §62-12-20 To whom article applies.
• §62-12-21 Repeal of inconsistent laws;"director" construed to mean "board."
• §62-12-22 Appointment of counsel for parole violators; authority to appoint; payment of counsel.
• §62-12-23 Notification of parole hearing; victim's right to be heard; notification of release on parole.
• §62-12-24 Request to continue for good cause and timely notice required.
• §62-12-25 Parole supervision benefit fund.
• §62-12-26 Extended supervision for certain sex offenders; sentencing; conditions; supervision provisions; supervision fee.
• §62-12-27 Mandatory prerelease risk assessment of certain sex offenders.
• §62-12-28 Authorizing Supreme Court to develop pilot pretrial release programs.

ARTICLE 13. CORRECTIONS MANAGEMENT. 

• §62-13-1 Repealed
• §62-13-2 Supervision of probationers and parolees; final determinations remaining with board of probation and parole.
• §62-13-3 Appointment and qualifications of director.
• §62-13-4 Powers and duties of commissioner or director generally; compensation and funds of inmates.
• §62-13-5 Commitments; transfers.
• §62-13-6 Repealed
• §62-13-6a Payment of jail fees to county commissions.
• §62-13-7 Repeal of inconsistent laws; transfer of certain functions of board of probation and parole to department of corrections.

ARTICLE 14. AGREEMENT ON DETAINERS. 

• §62-14-1 Enactment of compact.
• §62-14-2 "Appropriate court" defined.
• §62-14-3 Enforcement of agreement.
• §62-14-4 Application of habitual criminal law not required.
• §62-14-5 Escape of prisoner while in temporary custody.
• §62-14-6 Delivering custody of prisoner.
• §62-14-7 Central administrator and information agent.

ARTICLE 15. DRUG OFFENDER ACCOUNTABILITY AND TREATMENT ACT. 

• §62-15-1 Short title.
• §62-15-2 Definitions.
• §62-15-3 Policy and goals.
• §62-15-4 Court authorization and structure.
• §62-15-5 Drug court teams.
• §62-15-6 Eligibility.
• §62-15-7 Treatment and support services.
• §62-15-8 Drug testing.
• §62-15-9 Governance.
• §62-15-10 Program integrity and offender accountability.
• §62-15-11 Funding.
• §62-15-12 Immunity from liability.
• §62-15-13 Statutory construction.