reglab/housing_qa huggingface dataset:
WV Code § 62-5-4 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 5. Costs in Criminal Cases|§62-5-4. Fees of Officer Executing Process or Rendering Service Out of County in Felony Cases

A sheriff or other officer, for traveling out of his county to execute process in a case of felony and, doing any act in the service thereof for which no other compensation is provided, shall receive therefor, out of the treasury, such compensation as the court from which the process issued may certify to be reasonable. When in such case an officer renders any service for which no specific compensation is provided, the court in which the case may be, may allow therefore what it deems reasonable, and such allowance shall be payable out of the treasury.
WV Code § 62-5-5 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 5. Costs in Criminal Cases|§62-5-5. Certificate by the Court as to Fees and Expenses

The certificate required by section fifteen, article one, chapter fifty-nine of this code shall be made by the court in which the prosecution is, or to which the justice certifies, as hereinafter mentioned. Any other expense incident to a proceeding in a criminal case, which is payable out of the treasury, otherwise than under the preceding section, shall be certified by such court unless otherwise provided. With such certificate of allowance, there shall be transmitted to the Auditor the vouchers on which it is made.The entry of such certificate shall state how much thereof is on account of each person prosecuted.
WV Code § 62-5-6 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 5. Costs in Criminal Cases|§62-5-6. Expenses of Preliminary Hearing Before Justice Certified to Clerk

A justice before whom there is any proceeding in a criminal case, preliminary to prosecution in a circuit court or other court of record having jurisdiction in criminal cases, shall certify to the clerk of such court all the expenses incident to such proceeding which are payable out of the treasury.
WV Code § 62-5-7 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 5. Costs in Criminal Cases|§62-5-7. Execution for Expenses Incident to Prosecution

In every criminal case the clerk of the court in which the accused is convicted shall, as soon as may be, make up a statement of all the expenses incident to the prosecution, including such as are certified to him by a justice under the preceding section; and execution for the amount of such expenses shall be issued and proceeded with, and article four of this chapter shall apply thereto in like manner as if, on the day of completing such statement, there was judgment in such court in favor of the state against the accused for such amount as a fine.
WV Code § 62-5-8 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 5. Costs in Criminal Cases|§62-5-8. Failure to Present Claim in Time

If, by reason of the failure of a person to present his claim in due time, a sum be not included in such execution, which would have been included if so presented, such claim, unless there be good cause shown for the failure, shall be disallowed.
WV Code § 62-5-9 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 5. Costs in Criminal Cases|§62-5-9. Fee to Prosecuting Attorney Out of State Treasury; Judgment Against State for Costs

No fee to any prosecuting attorney shall be payable out of the treasury, unless it be expressly provided. And in no case shall there be a judgment against the state for costs.
WV Code § 62-5-10 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 5. Costs in Criminal Cases|§62-5-10. Mandatory Cost Assessed Upon Conviction of a Felony

(a) Every circuit court shall assess, in every felony criminal matter as a cost to the defendant, an assessment in the sum of $75 for each felony count of conviction. The assessment referred to herein shall be paid upon adjudication of guilt unless the court determines that the defendant is unable to pay in such a manner in which case payment of the assessment shall be paid prior to final disposition. If the circuit court determines that a defendant is financially unable to pay the assessment prior to final disposition, payment of the assessment shall be a mandatory condition of probation or parole.(b) The clerk of the circuit court wherein the assessment is imposed under the provisions of subsection (a) of this section shall, on or before the last day of each month, transmit all costs received pursuant to this section to the State Treasurer for deposit as follows: Fifty dollars to the credit of the crime victims compensation fund created by the provisions of section four, article two-a, chapter fourteen of this code and $25 to the credit of the West Virginia community corrections fund created by the provisions of section four, article eleven-c of this chapter.
WV Code § 62-6-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 6. Miscellaneous Provisions Concerning Criminal Procedures|§62-6-1. Recognizance to Keep the Peace; Condition

Every recognizance to keep the peace shall be conditioned to the effect that the person of whom it is taken shall keep the peace and be of good behavior for such time, not exceeding one year, as the court or justice requiring it may direct; and if such court or justice directs, it may, when taken of a person charged with an offense, be with condition for so keeping the peace and being of good behavior, in addition to the other conditions of his recognizance imposed in accordance with the provisions of article one-c of this chapter.
WV Code § 62-6-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 6. Miscellaneous Provisions Concerning Criminal Procedures|§62-6-3. Recognizance of Insane Person or Minor

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.
WV Code § 62-6-4 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 6. Miscellaneous Provisions Concerning Criminal Procedures|§62-6-4. Witnesses in Criminal Cases; Forced Attendance

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 criminal case shall be obliged to attend and may be proceeded against for failing to do so, although there may not previously have been any payment, or tender to him of anything for attendance, mileage or tolls.
WV Code § 62-6-5 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 6. Miscellaneous Provisions Concerning Criminal Procedures|§62-6-5. Failure of Juror to Attend Inquest Out of Court

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 his failure, $10.
WV Code § 62-6-6 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 6. Miscellaneous Provisions Concerning Criminal Procedures|§62-6-6. Proceedings for Fines for Contempt or Disobedience of Process

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 fine should not be imposed, and shall have failed to appear and show cause.
WV Code § 62-6-6a (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 6. Miscellaneous Provisions Concerning Criminal Procedures|§62-6-6a. Disposition of Prisoners

[Repealed.]
WV Code § 62-6-7 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 6. Miscellaneous Provisions Concerning Criminal Procedures|§62-6-7. Severability

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, the provisions of this article are declared to be severable.
WV Code § 62-6-8 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 6. Miscellaneous Provisions Concerning Criminal Procedures|§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

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 said chapter; section five, article eight-d, of said chapter; and article eight-b of said chapter, or any other sexual offense as defined under state or local law, to submit to a polygraph examination or other truth-testing examination as a condition for proceeding with the investigation of the alleged offense. No law-enforcement officer, prosecutor or any other government official may refuse to proceed with an investigation, warrant, indictment, information or prosecution of the alleged offense because the alleged victim refused to submit to such an examination.
WV Code § 62-1A-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 6A. Securing Attendance of Nonresident Witnesses|§62-1A-1. Definitions

Witness as used in this article shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.The word "state" shall include any territory of the United States, and the District of Columbia.The word "summons" shall include a subpoena, order or other notice requiring the appearance of a witness.
WV Code § 62-6A-2 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 6A. Securing Attendance of Nonresident Witnesses|§62-6A-2. Summoning Witness in This State to Testify in Another State

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 investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution, or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence (and of any other state through which the witness may be required to pass by ordinary course of travel), will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.If said certificate recommends that the witness be taken into immediate custody and delivered to any officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for said hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken into custody and delivered to an officer of the requesting state.If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of 10¢ a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day, that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
WV Code § 62-6A-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 6A. Securing Attendance of Nonresident Witnesses|§62-6A-3. Summoning Witness in Another State to Testify in This State

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 court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating the facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.If the witness is summoned to attend and testify in this state he shall be tendered the sum of 10¢ a mile for each mile by the ordinary travel route to and from the court where the prosecution is pending, and $5 for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for in the punishment of any witness who disobeys a summons issued from a court of record in this state.
WV Code § 62-6A-4 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 6A. Securing Attendance of Nonresident Witnesses|§62-6A-4. Exemption From Arrest or Service of Process

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 his entrance into this state under the summons.If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
WV Code § 62-6A-5 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 6A. Securing Attendance of Nonresident Witnesses|§62-6A-5. Construction of Article

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.
WV Code § 62-6A-6 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 6A. Securing Attendance of Nonresident Witnesses|§62-6A-6. How Article Cited

This article may be cited as "Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings."
WV Code § 62-6B-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 6B. Protection and Preservation of Statements and Testimony of Child Witness|§62-6B-1. Legislative Findings

The Legislature hereby finds that there are rare occasions when the interests of justice cannot be served because a child who is alleged to be the victim of certain offenses is unable to testify while in the physical presence of the defendant in the courtroom.The Legislature further finds that the Constitutional right of the accused to be confronted with the witnesses against him or her must be protected and that this Constitutional guarantee can be protected while, at the same time, allowing a child to testify outside of the physical presence of a defendant in the courtroom.The Legislature further finds that a child, more so than an adult, may be subject to coercion and pressure by interested adults and the interests of justice would be served by requiring, unless infeasible, memorialization of child victim statements in certain criminal matters.
WV Code § 62-6B-2 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 6B. Protection and Preservation of Statements and Testimony of Child Witness|§62-6B-2. Definitions

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 the context.(1) "Child witness" means a person under the age of sixteen years of age who is or will be called to testify in a criminal matter concerning an alleged violation of the provisions of sections three, four, five and seven, article eight-b, chapter sixty-one of this code in which the child is the alleged victim.(2) "Live, closed-circuit television" means a simultaneous transmission, by closed-circuit television or other electronic means, between the courtroom and the testimonial room.(3) "Operator" means the individual authorized by the court to operate the closed-circuit television equipment used in accordance with the provisions of this article.(4) "Testimonial room" means a room within the courthouse other than the courtroom from which the testimony of a child witness or the defendant is transmitted to the courtroom by means of live, closed-circuit television.(5) “Interviewed child” shall mean any person under the age of eighteen who has been interviewed by means of any type of recording equipment in connection with alleged criminal behavior or allegations of abuse or neglect of any child under the age of eighteen.(6) “Recorded interview” means any electronic recording of the interview, and any transcript thereof, of an interviewed child conducted by: (1) An employee or representative of a child advocacy center as that term is defined in section one hundred one, article three, chapter forty-nine of this code; (2) any psychologist, psychiatrist, physician, nurse, social worker or other person appointed by the court to interview the interviewed child as provided in subsection (c), section three of this article; or (3) a child protective services worker, law-enforcement officer, prosecuting attorney or any representative of his or her office, or any other person investigating allegations of criminal behavior or behavior alleged to constitute abuse or neglect of a child.
WV Code § 62-6B-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 6B. Protection and Preservation of Statements and Testimony of Child Witness|§62-6B-3. Findings of Fact Required for Taking Testimony of Child Witness by Closed-Circuit Television; Considerations for Court

(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 pretrial proceeding or at trial through the use of live, closed-circuit television.(b) Prior to ordering that the testimony of a child witness may be taken through the use of live, closed-circuit television, the circuit court must find by clear and convincing evidence, after conducting an evidentiary hearing on this issue, that:(1) The child is an otherwise competent witness;(2) That, absent the use of live, closed-circuit television the child witness will be unable to testify due solely to being required to be in the physical presence of the defendant while testifying;(3) The child witness can only testify if live, two-way closed-circuit television is used in the trial; and(4) That the state's ability to proceed against the defendant without the child witness' live testimony would be substantially impaired or precluded.(c) The court shall consider the following factors in determining the necessity of allowing a child witness to testify by the use of live, closed-circuit television:(1) The age and maturity of the child witness;(2) The facts and circumstances of the alleged offense;(3) The necessity of the child's live testimony to the prosecution's ability to proceed as well as any prejudice to the defendant by allowing testimony through closed-circuit television;(4) Whether or not the facts of the case involve the alleged infliction of bodily injury to the child witness or the threat of bodily injury to the child or another; and(5) Any mental or physical handicap of the child witness.(d) In determining whether to allow a child witness to testify through live, closed-circuit television the court shall appoint a psychiatrist or a licensed psychologist with at least five years clinical experience who shall serve as an advisor or friend of the court to provide the court with an expert opinion as to whether, to a reasonable degree of professional certainty, the child witness will suffer severe emotional harm, be unable to testify based solely on being in the physical presence of the defendant while testifying and that the child witness does not evidence signs of being subjected to undue influence or coercion. The opinion of the psychiatrist or licensed psychologist shall be filed with the circuit court at least thirty days prior to the final hearing on the use of live, closed-circuit television and the defendant shall be allowed to review the opinion and present evidence on the issue by the use of an expert or experts or otherwise.