Allowing Magistrates under certain circumstances to be able to order a mental evaluation
HB 4609 allows magistrates to require mental health evaluations for defendants charged with specific offenses: violating protective orders (§48-27-903), personal safety orders (§53-8-11), or making threats of terroristic acts (§61-6-24), before setting bail. The bill requires the evaluation to be scheduled within 10 days, with a report to the magistrate within 48 hours, followed by a bond hearing within five days of receiving the report. This process aims to determine if mental health treatment or counseling is needed as a condition of bond. The bill directly affects defendants in these three offense categories appearing before magistrates in West Virginia.
Bill status
in committee
1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 20, 2026
Last action Jan 20, 2026
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
4
Key actions
0
Committee
2
Jan 20, 2026
Committee
To House Judiciary
lower
Jan 20, 2026
Introduced
Introduced in House
lower
Jan 20, 2026
Committee
To Judiciary
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Mike Hornby
RRepublican
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