(a) No person shall commit petit larceny as defined in West Virginia Code 61-3-13.
(b) Whenever any person who has not previously been convicted of any offense under this article or under any statute of the United States or of any State relating to the offense of Petit Larceny, the Court, without entering a judgment of guilt, and with the consent of the accused may defer further proceedings and may require the accused to participate in a program through the Morgantown Area Youth Services Project (“MAYSP”) and comply with all terms and conditions imposed by the Morgantown Area Youth Services Project. Should the accused fail to complete the requirements as imposed by the Morgantown Area Youth Services Project, the accused waives the appropriate statute of limitations and the accused’s right to a speedy trial under any applicable federal or state constitutional provisions, statutes, or rules of Court during the period of enrollment in the program through the Morgantown Area Youth Services Project and the Court may order that the deferral be terminated and thereupon proceed as if the deferral had not been permitted. When the accused shall have completed satisfactorily all of the terms and conditions imposed by the Morgantown Area Youth Services Project, the accused may move the Court for an order dismissing the charges and the Court shall dismiss the charges.
(Passed 8-7-12.)