HB 4606: Relating to the meaning of residence for the purpose of bail - West Virginia

hb4606 hfat mcgeehan _1 3-14 adopted.htm → hb4606 sfa garcia _1 3-12 adopted.htm · 1 edit

MINOR

The bill's title was updated to reflect a new amendment by Senator Garcia that narrows the scope of offenses eligible for release on one's own recognizance. Previously, the bill broadly prohibited releasing defendants charged with any felony crime of violence. The amendment now specifically lists four categories of violent crimes, including those defined in specific sections of the code, clarifying exactly which offenses trigger these stricter release restrictions.

Scope change

The scope of offenses subject to stricter bail restrictions was narrowed from a general category of 'felony crime of violence' to a specific list of four defined categories.

ELIGIBILITY

The definition of offenses that prevent release on one's own recognizance was changed from a general 'felony crime of violence' to a specific list including crimes of violence against persons, offenses involving minors, arson, burglary, and drug offenses.

hb4606 hfat akers 2-4 adopted.htm → hb4606 hfat mcgeehan _1 3-14 adopted adopted.htm · 3 edits

MINOR

The bill's title was updated to reflect a more detailed scope, explicitly listing specific felony offenses (such as crimes of violence, offenses against minors, arson, burglary, and drug offenses) where magistrates cannot release a defendant on their own recognizance, and adding a clause clarifying when release for other felonies is permitted.

Scope change

The bill's scope was expanded to explicitly enumerate specific categories of felony offenses that are ineligible for release on one's own recognizance, whereas the previous version did not list these specific crimes.

REQUIREMENT

The criteria for when a magistrate cannot release a defendant on their own recognizance were clarified by adding specific felony offense types, including crimes of violence, offenses where the victim was a minor, arson, burglary, and drug offenses.

A new provision was added to clarify the specific circumstances under which a judicial officer may release a defendant charged with certain felony offenses on their own recognizance.

SCOPE

The bill's scope was broadened to include amendments to two separate code sections (§62-1C-1a and §62-1C-4) instead of just one.

hb4606 hfa mcgeehan 3-14 _1 adopted.htm → hb4606 hfat akers 2-4 adopted.htm · 3 edits

MINOR

The amendment replaced a specific proposal to redefine felony offenses with a broader change that updates the bill's title to clarify its purpose regarding residency status in bail decisions and explicitly prohibits releasing defendants charged with felonies on their own recognizance.

Scope change

The bill's scope was clarified to explicitly address the residency status of defendants in bail determinations and to restrict the ability of magistrates to release felony defendants on their own recognizance.

REQUIREMENT

The amendment removed a proposal to expand the definition of specific felony offenses and instead added a requirement that judicial officers must consider a defendant's residency status (West Virginia or US) when determining bail and release conditions.

A new restriction was added stating that a magistrate may not release a defendant charged with a felony offense on their own recognizance.

TECHNICAL

The bill title was updated to reflect the new focus on residency considerations and the prohibition on releasing felony defendants on their own recognizance.

Committee Substitute → hb4606 hfa mcgeehan 3-14 _1 adopted adopted.htm · 2 edits

MINOR

The bill was amended to restrict when magistrates can release felony defendants on their own promise to appear (recognizance), limiting this option to specific violent crimes, crimes against minors, arson, burglary, or drug offenses. Additionally, a new section was added clarifying the requirements for signing release documents and ensuring indigent defendants are not denied bail due to poverty.

Scope change

The scope of the bill was narrowed regarding the types of felony offenses eligible for release on recognizance by a magistrate.

ELIGIBILITY

The ability for a magistrate to release a defendant charged with a felony on their own recognizance was restricted to specific categories of serious crimes (violent crimes, crimes against minors, arson, burglary, and drug offenses), removing the previous blanket allowance for all felonies.

REQUIREMENT

A new section was added to clarify that release documents must be signed by the defendant and property owners or a surety company, and to explicitly state that indigent defendants cannot be denied bail simply because they cannot pay.

Enrolled Committee Substitute → Committee Substitute · 4 edits

MODERATE

The bill text was converted from a formal legislative format into a plain text version, stripping out official headers, page numbers, and legal citation markers. While the underlying legal provisions regarding bail conditions and residency considerations remain substantively the same, the document lost its official 'Enrolled' status and specific effective dates, appearing instead as a raw text file with website navigation elements.

Scope change

The bill's legal scope and applicability remain unchanged, but the document's official status as an enacted law is lost due to the removal of the 'Enrolled' designation and effective date.

TECHNICAL

Removed official legislative headers, page numbers, and the 'Enrolled' status indicating the bill has been signed into law.

Inserted website navigation links and footer text, indicating the source is a web archive rather than the official legislative record.

Simplified legal formatting by removing bracketed amendment markers and line numbers, though the core legal text was preserved.

TIMELINE

Deleted the specific effective date (June 12, 2026) and passage date (March 14, 2026) from the text.

Engrossed Committee Substitute → Enrolled Committee Substitute · 3 edits · Apr 1, 2026

MINOR

The bill was converted from a draft committee version to the final enrolled version, adding official signatures, certification, and standard legislative formatting. The substantive legal text regarding bail procedures, residency considerations, and release conditions remained unchanged.

Scope change

No change in the scope or applicability of the law; the document now includes the formal signatures required for it to become law.

TECHNICAL

Added official certification signatures for the Clerks of the House and Senate, the Speaker, and the President of the Senate to finalize the bill.

Added the Governor's signature line and the date of enactment to complete the enrolled bill format.

Removed draft headers, page numbers, and internal markup symbols used during the legislative review process.

Introduced Version → Engrossed Committee Substitute · 4 edits · Mar 14, 2026

MODERATE

The bill was amended to expand its scope from only misdemeanor offenses to include specific felony offenses, allowing magistrates to release defendants charged with violent felonies, felonies involving minors, arson, burglary, or drug offenses on their own recognizance. It also added new factors for judicial officers to consider when setting bail, such as whether a defendant is already on bail in other cases, has been bound over for trial, or has a history of forfeiting bail. Additionally, the bill now explicitly clarifies that cash bail for misdemeanors cannot exceed three times the maximum fine for the offense.

Scope change

The bill's scope expanded from applying only to misdemeanor offenses to also applying to specific felony offenses (crime of violence against a person, offenses involving a minor victim, arson, burglary, and drug offenses) regarding the ability of magistrates to release defendants on their own recognizance.

SCOPE

Expanded the ability of magistrates to release defendants on their own recognizance to include specific felony offenses (violent crimes, crimes against minors, arson, burglary, and drug offenses), whereas previously this power was not explicitly granted for felonies in this section.

REQUIREMENT

Added new mandatory considerations for judicial officers when setting bail or release conditions, including whether the defendant is already on bail in other pending cases, has been bound over for trial, or has a history of forfeiting bail or fleeing justice.

Clarified and limited the cash bail cap for misdemeanors to three times the maximum fine for the specific offense, rather than a general amount.

Added a new requirement for a hearing within five days if a misdemeanor defendant remains incarcerated solely due to an inability to pay a secured bond.

Relating to the meaning of residence for the purpose of bail

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