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West Virginia Legislature· HB 4606Signed

Relating to the meaning of residence for the purpose of bail, the official text

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WEST VIRGINIA LEGISLATURE

         2026 REGULAR SESSION

                   ENROLLED

            Committee Substitute
                         for

           House Bill 4606

              BY DELEGATES HORNBY AND FUNKHOUSER
         [Passed March 14, 2026; in effect 90 days from

                        passage (June 12, 2026)]
    Enr CS for HB 4606

1 AN ACT to amend and reenact §62-1C-1a and §62-1C-4 of the Code of West Virginia, 1931, as

2        amended, relating to requiring that judicial officers consider the residency status of a

3        person charged with a criminal violation in determining bail and conditions of pretrial

4        release; clarifying certain requirements for a judicial officer in determining good cause

5        under the section; clarifying that a magistrate may not release a defendant charged with

6        a felony crime of violence against the person, a felony offense in which the victim was a

7        minor, a felony offense of arson or burglary, or a felony drug offense on his or her own

8        recognizance; clarifying that the determination of whether to release a person, fix bail, or

9        impose reasonable conditions of release requires a judicial officer to consider the person's

10       status as a resident of West Virginia and/or of the United States of America; and clarifying

11       when a judicial officer may release a defendant charged with certain felony offenses on

12       his or her own recognizance.

    Be it enacted by the Legislature of West Virginia:

    ARTICLE 1C. BAIL.

    §62-1C-1a. Pretrial release; types of release; conditions for release; considerations as to

         conditions of release.

1        (a) Subject to the provisions of §62-1C-1 of this code, when a person charged with a

2 violation or violations of the criminal laws of this state first appears before a judicial officer:

3        (1) Except for good cause shown, a judicial officer shall release a person charged with a

4 misdemeanor offense on his or her own recognizance unless that person is charged with:

5        (A) A misdemeanor offense of actual violence or threat of violence against a person;

6        (B) A misdemeanor offense where the victim was a minor, as defined in §61-8C-1 of this

7 code;

8        (C) A misdemeanor offense involving the use of a deadly weapon, as defined in §61-7-2

9 of this code;

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10     (D) A misdemeanor offense of the Uniform Controlled Substances Act as set forth in

11 chapter 60A of this code;

12     (E) Misdemeanor offenses of sexual abuse;

13     (F) A serious misdemeanor traffic offense set forth in §17C-5-1 or §17C-5-2 of this code;

14 or

15     (G) A misdemeanor offense involving auto tampering, petit larceny or possession, transfer

16 or receiving of stolen property when alleged value on the property involved exceeds $250.

17     (2) In determining good cause for purposes of release under this section, a judicial officer

18 shall consider the residency status of a person charged with a misdemeanor offense, including

19 but not limited to whether the person: (A) Is a resident of West Virginia and/or the United States

20 of America; (B) has ties to the community; and (C) is a risk of flight.

21     (3) For the misdemeanor offenses specified in subsection (a) of this section and all other

22 offenses which carry a penalty of incarceration, the arrested person is entitled to be admitted to

23 bail subject to the least restrictive condition or combination of conditions that the judicial officer

24 determines reasonably necessary to assure that person will appear as required, and which will

25 not jeopardize the safety of the arrested person, victims, witnesses, or other persons in the

26 community or the safety and maintenance of evidence: Provided, That pursuant to §62-1C-4 of

27 this code, a magistrate may not release a defendant charged with a felony crime of violence

28 against the person as defined in §61-11-26(p)(3) of this code; with a felony offense in which the

29 victim was a minor as defined in §61-11-26(p)(4) of this code; with a felony offense of arson or

30 burglary set forth in §61-3-1 et seq. of this code; or with a felony drug offense set forth in chapter

31 60A of this code; on his or her own recognizance. Further conditions may include that the person

32 charged shall:

33     (A) Not violate any criminal law of this state, another state, or the United States;

34     (B) Remain in the custody of a person designated by the judicial officer, who agrees to

35 assume supervision and to report any violation of a release condition to the court, if the designated

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36 person is reasonably able to assure the judicial officer that the person will appear as required and

37 will not pose a danger to himself or herself or to the safety of any other person or the community;

38  (C) Participate in home incarceration pursuant to §62-11B-1 et seq. of this code;

39  (D) Participate in an electronic monitoring program if one is available where the person is

40 charged or will reside;

41  (E) Maintain employment, or, if unemployed, actively seek employment;

42  (F) Avoid all contact with an alleged victim of the alleged offense and with potential

43 witnesses and other persons as directed by the court;

44  (G) Refrain from the use or excessive use of alcohol, or any use of a narcotic drug or other

45 controlled substance, as defined in §60A-1-1 et seq. of this code without a prescription from a

46 licensed medical practitioner;

47  (H) Execute an agreement to forfeit, upon failing to appear as required, property of a

48 sufficient unencumbered value, including money, as is reasonably necessary to assure the

49 appearance of the person as required. The person charged shall provide the court with proof of

50 ownership, the value of the property, and information regarding existing encumbrances of the

51 property as, in the discretion of the judicial officer, is reasonable and necessary collateral to

52 ensure the subsequent appearance of the person as required;

53  (I) Post a cash bond, or execute a bail bond with solvent sureties who will execute an

54 agreement to forfeit an amount reasonably necessary to assure appearance of the person as

55 required. If other than an approved surety, the surety shall provide the court with information

56 regarding the value of its assets and liabilities and the nature and extent of encumbrances against

57 the surety’s property. The surety shall have a net worth of sufficiently unencumbered value to pay

58 the amount of the bail bond; or

59  (J) Satisfy any other condition that is reasonably necessary to assure the appearance of

60 the person as required and to assure the safety of the arrested person, victims, witnesses, other

61 persons in the community, or the safety and maintenance of evidence.

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62           (4) Proper considerations in determining whether to release the arrested person on an

63 unsecured bond, fixing a reasonable amount of bail, or imposing other reasonable conditions of

64 release are:

65           (A) The ability of the arrested person to give bail;

66           (B) The nature, number, and gravity of the offenses;

67           (C) The potential penalty the arrested person faces;

68           (D) Whether the alleged acts were violent in nature;

69           (E) The arrested person’s prior record of criminal convictions and delinquency

70 adjudications, if any;

71           (F) The character, health, residence, and reputation of the arrested person: Provided,

72 That, in determining whether to release a person, fix bail or impose reasonable conditions of

73 release, a judicial officer shall consider the person's status as a resident of West Virginia and/or

74 of the United States of America;

75           (G) The character and strength of the evidence which has been presented to the judicial

76 officer;

77           (H) Whether the arrested person is currently on probation, extended supervision, or

78 parole;

79           (I) Whether the arrested person is already on bail or subject to other release conditions in

80 other pending cases;

81           (J) Whether the arrested person has been bound over for trial after a preliminary

82 examination;

83           (K) Whether the arrested person has in the past forfeited bail or violated a condition of

84 release or was ever a fugitive from justice; and

85           (L) The policy against unnecessary incarceration of arrested persons pending trial set forth

86 in this section.

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87   (b) In all misdemeanors, cash bail may not exceed three times the maximum fine provided

88 for the offense. If the person is charged with more than one misdemeanor, cash bail may not

89 exceed three times the highest maximum fine of the charged offenses.

90   (c) Notwithstanding any provisions of this article to the contrary, whenever a person not

91 subject to the provisions of §62-1C-1 of this code remains incarcerated after his or her initial

92 appearance, relating to a misdemeanor, due to the inability to meet the requirements of a secured

93 bond, a magistrate or judge shall hold a hearing within five days of setting the initial bail to

94 determine if there is a condition or combination of conditions which can meet the considerations

95 set forth in §62-1C-1a(a)(3) of this code.

96   (d) A judicial officer may upon notice and hearing modify the conditions of release at any

97 time by imposing additional or different conditions.

98   (e) A prosecuting attorney and defense counsel, unless expressly waived by the

99 defendant, shall appear at all hearings in which bail or bond conditions are at issue other than the

100 proceeding at which the conditions of release are initially set.

101  (f) No judicial officer may recommend the services of a surety who is his or her relative as

102 that term is defined in §6B-1-3 of this code.

     §62-1C-4. Recognizance; signing; requirements for signers or surety company; release

     upon own recognizance; indigent persons.

1    The recognizance shall be signed by the defendant. It shall also be signed by one or more

2 adult persons owning real property in the state. The court or justice may require that justification

3 of surety be furnished. The assessed value of the real property as shown on the county land

4 books over and above all liens and encumbrances shall not be less than one half the amount of

5 the bail. Or, the recognizance may be signed by the defendant and a surety company authorized

6 to do business in this state. If the offense is a felony, the magistrate or circuit judge of the court

7 that will have jurisdiction to try the offense may release the defendant on his or her own

8 recognizance consistent with the provisions of §62-1C-1a(a)(3) of this code. If the offense is a

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 9 misdemeanor, either the court or justice may release the defendant on his or her own
10 recognizance. An indigent person who the court is satisfied will appear as required shall not be
11 denied bail because of his or her inability to furnish recognizance.

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              The Clerk of the House of Delegates and the Clerk of the Senate hereby

         certify that the foregoing bill is correctly enrolled.
         ...............................................................

              Clerk of the House of Delegates
                           ...............................................................
                                        Clerk of the Senate

         Originated in the House of Delegates.
         In effect 90 days from passage.

                                       ...............................................................
                                          Speaker of the House of Delegates
                                                           ...............................................................
                                                                     President of the Senate
                                                        __________

              The within is ................................................ this the...........................................
         Day of ..........................................................................................................., 2026.

                                                                   .............................................................
                                                                                         Governor

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