Chapter 62, Chapter 62

For the purposes of this article, the words or terms defined in this section, and any variation of those words or terms required by the context, have the meanings ascribed to them in this section. These definitions are applicable unless a different meaning clearly appears from th…

If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury i…

A recognizance which would be taken of a person but for his being insane or a minor, may be taken of another person, and without further surety, if such other person be deemed sufficient.

If a person in any state, which by its laws has made provisions for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in …

(a) Upon a written motion filed by the prosecuting attorney, the child's attorney or the child's guardian ad litem, and upon findings of fact determined pursuant to subsection (b) of this section, a circuit court may order that the testimony of a child witness may be taken at a p…

If a person comes into this state in obedience to a summons directing him to attend and testify in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before…

(a) If the court determines that the use of live, two-way closed-circuit testimony is necessary and orders its use the defendant may, at any time prior to the child witness being called, elect to absent himself from the courtroom during the child witness' testimony. If the defend…

In a criminal case, a summons for a witness may be issued by the prosecuting attorney. Sections one, four, five, six and eight, article five, chapter fifty-seven of this code shall, in other respects, apply to a criminal as well as a civil case, except that a witness in a crimina…

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.

The name of any person summoned by an officer, in failing to attend as a juror upon an inquest out of court, shall be returned by such officer at the next term of the circuit court of such officer's county. Such court shall fine such person, unless he have a reasonable excuse for…

(a) After the effective date of this section, whenever any law-enforcement officer, physician, psychologist, social worker, or investigator, in the course of his or her employment or profession or while engaged in an active criminal investigation as a law-enforcement officer or a…

(a) Except as provided by the provisions of this article, recorded interviews of an interviewed child in any judicial or administrative proceeding shall not be published or duplicated except pursuant to the terms of an order of a court of competent jurisdiction. All written docum…

This article may be cited as "Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings."

No court shall impose a fine upon a juror, witness or other person, for disobedience of its process or any contempt, unless he be present in a court at the time, or shall have been served with a rule of the court, returnable to a time certain, requiring him to show cause why the …

If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or its application, and to this end,…

No law-enforcement officer, prosecutor or any other government official may ask or require the adult, youth or child victim of an alleged sexual offense, as set forth in the provisions of section six, article eight, chapter sixty-one of this code; section six, article twelve of s…

Upon the application of any person entitled, under the provisions of article four, chapter fifty-eight of this code, to an appeal or writ of error from a judgment in a prosecution for any offense or crime, the criminal court, intermediate court or other court of record of limited…

The clerk of a circuit court in which a person is sentenced to serve a period of incarceration in a state prison shall transmit to the Commissioner of the Division of Corrections and Rehabilitation a certified commitment order in the form provided for in this section. A person ma…

The clerk of a circuit court or magistrate court in which a person is sentenced to serve a period of incarceration in a jail facility under the control of the Commissioner of Corrections and Rehabilitation shall transmit to the Commissioner of the Division of Corrections and Reha…

A writ of error, awarded under the provisions of article five, chapter fifty-eight of this code to any judgment of a circuit court referred to in the preceding section, shall operate as a stay of proceedings in the case until the decision of the Supreme Court of Appeals therein. …

(a) Whenever a stay of proceedings has been granted pursuant to section one or two of this article or any rule of court relating to stays granted under those sections, and the court upon its own motion or after notice and motion by the prosecuting attorney or the defendant shall …

Every person sentenced to confinement in the penitentiary shall remain in the custody of the proper officer of the court pronouncing such sentence until he be delivered to a guard sent and duly authorized by the warden of the penitentiary for the removal of such person to the pen…

If on the way to the penitentiary or other place, in consequence of an attempt made, or reasonably apprehended, to rescue the prisoner, or in consequence of any other unforeseen danger, the guard to whom such prisoner was delivered is satisfied that more guards than accompanying …

All guards while proceeding to the place where a prisoner is confined for the purpose of removing him to the penitentiary or other place, and while engaged in such removal, shall be privileged from arrest except for felony and, breach of the peace, such privilege to cover one day…

(a) A person imprisoned or otherwise in the custody of the Commissioner of Corrections and Rehabilitation is guilty of a felony if he or she kills, wounds, or inflicts other bodily injury upon any person at any correctional facility; or breaks, cuts, or injures, or sets fire to a…

(a) Any inmate who violates the provisions of section one of this article and the violation results in the death of any person is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for life, and he or she shall not be eligible for …

All criminal proceedings against convicts in the custody of the commissioner of corrections shall be in the circuit court in the county where the crime is committed.

When a inmate convicted of an offense and sentenced to confinement therefor in a state correctional facility, is received therein, if he or she was before convicted in the United States of a crime punishable by imprisonment in a state correctional facility, and the record of his …

Upon complaint in writing, under oath, presented to the circuit court of Marshall county, or to the judge thereof in vacation, that any convict in the penitentiary has committed an offense punishable under sections one and two of this article, proceedings may be had for such offe…

In any such prosecution of convicts, all other convicts in the penitentiary shall be competent witnesses for or against the accused. In all other respects, the proceedings, trial, judgment and sentence shall be had, pronounced and executed, as in other cases for prosecutions for …

All taxable court costs incurred in the prosecution of a convict for any crime committed by such person while confined in the West Virginia Penitentiary, West Virginia Medium Security Prison, or the West Virginia State Prison for Women or in any other penal institution of the Sta…

(a) Notwithstanding any provision of this code to the contrary, the Commissioner of the Division of Corrections, or his or her designee, may issue an order of arrest for inmates who have been released from the custody of the division due to a clerical error, mistake or due to the…

All indictments in this state, if procured, found and returned in all other respects as provided by law, shall be sufficient if in the following form: State of West Virginia, County of ..............., to wit: The grand jurors of the State of West Virginia, in and for the body of…

An indictment for larceny shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one): That A ..............., on the ........ day of ........., nineteen ................, in the said county of ..................., one (here describe…

An indictment for embezzlement shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one): That A..............., on the ........... day of ............., nineteen ................, in the said county of .................., did felo…

An indictment for false pretenses shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one): That A ..............., on the ........ day of ........, nineteen ........, in the said county of ........, did unlawfully, fraudulently, …

An indictment for taking and carrying away, injuring, destroying or defacing real and personal property, shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one): That A ..............., on the ........ day of ........., nineteen …

An indictment for obtaining credit, loan, etc., by false statement in writing, shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one): That A ..............., on the ........ day of ........, nineteen ........, in the said count…

An indictment for giving a worthless check shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one): That A ..............., on the ........ day of ........,nineteen .........., in the said county of .........., did unlawfully and…

An indictment for the forgery of any writing shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one): That A ..............., on the ........ day of ........,nineteen ........., in the said county of .........., did falsely and f…

An indictment for perjury shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one): That on the ........ day of ........, nineteen ........, in the said county of .........., before the .......... court of said county of .........…

An indictment for disturbing religious worship shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one): That A ..............., on the ......... day of ........,nineteen ........, in the said county of ........., and within one y…

An indictment for bigamy shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one): That A ..............., on the ........ day of ........, nineteen ........, in ........ county in the state of ........., did intermarry with, in d…

An indictment for treason shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one: That A................, being a person owing allegiance to the State of West Virginia, on the ............ day of ............, nineteen ..........…

An indictment for adultery and fornication shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one): That A ..............., on the ......... day of ........., nineteen ........., in the said county of ........., and within one ye…

An indictment for keeping a house of ill fame, assignation house or house of like character, shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one): That A .............., on the ........ day of ........, nineteen ........, in t…

An indictment for murder shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one: That A ..............., on the ......... day of .........., nineteen ......................., in the said county ................., feloniously, wil…

A grand jury may, in a case of homicide, which in their opinion amounts to manslaughter only, and not to murder, find an indictment against the accused for manslaughter, and in such case the indictment shall be sufficient, if it be in form, tenor or effect as follows (after follo…

An indictment for abortion shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one): That A................, on the ........... day of ..........., nineteen ..............., in the said county of .............., did feloniously, w…

An indictment for robbery shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one: That A ..............., on the ............ day of ............, nineteen ..............., in the said county of ............., being armed with a …