HB 2781 West Virginia House of Delegates · 2025 Regular Session

Relating to the meaning of residence for the Purpose of Bail

HB 2781 requires West Virginia judicial officers to consider a person's residency status when determining bail for specific misdemeanor offenses. It applies to cases involving violent misdemeanors, offenses against minors, weapons use, drug violations, sexual abuse, serious traffic offenses, or property crimes exceeding $250 in value. The bill mandates judges to evaluate whether the person is a resident of West Virginia or the U.S. as part of "good cause" for release, alongside other factors like community ties and flight risk. This change modifies existing bail procedures by explicitly adding residency as a consideration for these misdemeanor cases. The bill does not alter penalties but affects how bail conditions are set for eligible defendants.

Issues: ✗ Criminal Justice

Bill status passed 3 of 5 stages cleared

Introduction

Feb 2025

Committee Review

Mar 2025

House of Delegates Passage

Mar 2025

Senate Passage

Governor

Introduced Feb 21, 2025 Last action Mar 13, 2025

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → Engrossed Version · 6 edits · Mar 12, 2025

MODERATE

The bill was reformatted from an introduced draft to an engrossed version, with substantive additions including new subsections (c) through (f) that establish hearing timelines for indigent defendants, allow judicial officers to modify release conditions, require attorney appearances at bail hearings, and prohibit judges from recommending relatives as sureties. These changes strengthen procedural protections and oversight in the bail process.

Scope change

The bill's scope expanded from primarily establishing residency considerations in bail determinations to including new procedural safeguards for defendants, additional factors for judicial consideration, and restrictions on judicial conduct regarding surety recommendations.

REQUIREMENT

Added requirement for magistrates or judges to hold hearings within 5 days when misdemeanor defendants remain incarcerated due to inability to post secured bond.

Added provision allowing judicial officers to modify release conditions at any time upon notice and hearing.

Added requirement that prosecuting attorneys and defense counsel must appear at all bail hearings unless expressly waived by the defendant.

Added prohibition on judicial officers recommending the services of a surety who is their relative.

Added new factors for judicial consideration including whether the defendant is already on bail in other cases, has been bound over for trial, has forfeited bail or violated release conditions, or has been a fugitive.

Added cash bail limitation for misdemeanors, capping it at three times the maximum fine for the offense.

Floor votes · House of Delegates Mar 12, 2025

How they voted

85–2

Passed · 13 other

Total votes 100

Mar 12, 2025

D Democratic9

6 Yea 2 Nay 1

66% Yea

R Republican91

79 Yea 12

86% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 13, 2025

Committee

To Judiciary

upper

Mar 13, 2025

Introduced

Introduced in Senate

upper

Mar 12, 2025

Lower · Passed

Passed House (Roll No. 71)

lower

Mar 7, 2025

Lower · Passed

Do pass

lower

Mar 4, 2025

Committee

To House Homeland Security

lower

Feb 21, 2025

Committee

To House Judiciary

lower

Feb 21, 2025

Introduced

Introduced in House

lower

Feb 21, 2025

Committee

To Judiciary

lower

1 primary · 8 co-sponsors