summary
Introduced
01/20/2026
01/20/2026
In Committee
02/06/2026
02/06/2026
Crossed Over
02/05/2026
02/05/2026
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
A BILL to amend and reenact §62-1C-1a of the Code of West Virginia, 1931, as amended, relating to requiring that judicial officers consider the residency status of a person charged with a criminal violation in determining bail and conditions of pretrial release; clarifying certain requirements for the a judicial officer in determining good cause under the section; clarifying that a magistrate may not release a defendant charged with a felony offense on his or her own recognizance; and clarifying that the determination of whether to release a person, fix bail or impose reasonable conditions of release requires a judicial officer to consider the person's status as a resident of West Virginia and/or of the United States of America.
AI Summary
This bill modifies West Virginia law regarding pretrial release and bail by requiring judicial officers, when determining whether to release a person charged with a misdemeanor or set bail and conditions for release, to consider the person's residency status, specifically whether they are a resident of West Virginia and/or the United States, along with other factors like ties to the community and risk of flight. It also clarifies that magistrates cannot release defendants charged with a felony offense on their own recognizance, which means a promise to appear in court without posting bail.
Committee Categories
Justice
Sponsors (2)
Last Action
To Judiciary (on 02/06/2026)
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