HB 4996: Relating to bail in cases involving terroristic threats to schools or children - West Virginia

hb4996 s jud amt adopted.htm → hb4996 hfat akers 2-13 adopted.htm · 5 edits

MODERATE

The bill's title and description were updated to reflect a new focus on bail conditions for terroristic threats against specific educational facilities, including day cares, schools, and universities. The amendment introduces mandatory bail restrictions that prohibit defendants from living within 1,000 feet of these locations, replacing the previous text which referenced a different crime and code section.

Scope change

The bill's scope expanded to include bail conditions for terroristic threats against a broader range of educational institutions (licensed day care centers, preschools, early childhood education programs, public and non-public schools, charter schools, and higher education institutions) and established a specific 1,000-foot residency restriction.

SCOPE

The bill now addresses bail conditions for terroristic threats against educational facilities rather than the previously listed crime of making threats of a crime of violence.

REQUIREMENT

New mandatory bail conditions were added to prohibit defendants from residing within 1,000 feet of specified educational facilities.

DEFINITION

The scope of protected facilities was expanded to include licensed day care centers, preschools, early childhood education programs, and institutions of higher education.

ENFORCEMENT

The amendment includes provisions for valid methods of measuring the 1,000-foot restriction and the enforcement of violations.

TECHNICAL

The code section reference was updated from amending an existing section to adding a new section designated as §62-1C-17d.

hb4996 s jud am _1 adopted.htm → hb4996 s jud amt adopted.htm · 3 edits

MINOR

The bill text was replaced with a new version that adds a formal title and changes the amendment type from a full rewrite of the law to a specific title substitution. The substantive legal content regarding the crimes, penalties, and definitions remains the same as the previous version.

Scope change

The scope of the bill's effect remains unchanged; it still amends the same section of the code with the same penalties and definitions.

TECHNICAL

The document title was changed from 'S JUD AM #1' to 'S JUD AMT' to reflect a change in the amendment process.

A formal bill title was added to describe the purpose of the legislation, which was previously missing.

The previous text that proposed striking out and rewriting the entire section was removed, replaced by the new title amendment instruction.

Committee Substitute → hb4996 s jud am _1 adopted.htm · 5 edits

MODERATE

The bill was amended to replace a standalone section on school safety bail conditions with a comprehensive revision of the existing crime of making terroristic threats. The new version expands the definition of a threat to include serious intent causing reasonable apprehension and clarifies what constitutes 'severe public alarm.' It also significantly increases penalties for repeat offenders and those causing bodily injury, while adding specific restrictions on where defendants can live or work during release.

Scope change

The bill's scope shifted from a narrow focus on bail conditions for school-related threats to a broader revision of the entire terroristic threat statute, covering all crimes of violence and public spaces, not just schools.

DEFINITION

Added a specific definition for 'threat' requiring that a reasonable person would interpret the communication as a serious intent to commit a crime of violence.

REQUIREMENT

Expanded the definition of 'severe public alarm or inconvenience' to include evacuations, disruption of public services, widespread fear, or other significant interference with public activities.

Added new restrictions prohibiting defendants from establishing a residence or accepting employment within 1,000 feet of the threatened location or the residence of the threatened person during release.

ENFORCEMENT

Increased penalties for repeat violations or cases resulting in bodily injury from a misdemeanor to a felony with fines up to $10,000 and up to five years in prison.

Added a provision allowing courts to order offenders to reimburse law enforcement agencies for costs incurred during emergency responses to the threat.

Enrolled Committee Substitute → Committee Substitute · 4 edits

MODERATE

The document provided is not a standard legislative diff but rather a comparison between a finalized bill text and a webpage containing a completely different bill (HB 4996 vs. a bill adding §62-1C-17d). Consequently, the original bill's provisions regarding threats of violence, fines, and residency restrictions were replaced by a new section establishing mandatory bail conditions for terroristic threats against schools and child care facilities. This change shifts the focus from general threat penalties to specific pre-trial release requirements, such as GPS monitoring and residence restrictions near educational institutions.

Scope change

The bill's scope changed from a general statute covering false emergency reporting and threats of violence to a specific provision mandating bail conditions for terroristic threats against schools and child care facilities.

REQUIREMENT

Added mandatory bail conditions requiring defendants to stay at least 1,000 feet away from schools, day cares, and other educational facilities when charged with terroristic threats.

ENFORCEMENT

Added requirements for GPS monitoring, home incarceration, and no-contact orders as part of bail conditions for specific threats.

DEFINITION

Removed the original definitions for 'crime of violence' and 'threat' and the penalties for false emergency reporting and general threat communication.

TECHNICAL

Added a new section (§62-1C-17d) to the Code of West Virginia regarding bail in cases involving terroristic threats to schools or children.

Engrossed Committee Substitute → Enrolled Committee Substitute · 4 edits · Apr 1, 2026

MODERATE

The bill was converted from a draft committee substitute to the final enrolled version, changing the document's status to law and updating the effective date. The substantive policy content regarding bail conditions and residency restrictions for terroristic threats against schools remains consistent between the two versions.

Scope change

The bill's scope and applicability remain unchanged; the only difference is the transition from a proposed draft to the final enacted text.

TIMELINE

The effective date was updated to reflect the final passage of the bill, set to take effect 90 days after March 14, 2026.

TECHNICAL

The document title was updated from 'Engrossed Committee Substitute' to 'Enrolled Version - Final Version' to indicate it is the official final text ready for signature.

The list of sponsoring delegates was slightly reordered in the enrolled version compared to the committee substitute.

The bill number and section references were updated to reflect the final enrolled status, though the core legal text regarding bail and residency restrictions is identical.

Introduced Version → Engrossed Committee Substitute · 5 edits · Mar 14, 2026

MODERATE

The bill was updated from a draft to a committee substitute version, expanding the list of protected facilities to include specific types of child care centers, preschools, and higher education institutions. The text was also streamlined to remove redundant definitions and clarify that the 1,000-foot restriction applies to the boundary of these facilities rather than just the property line.

Scope change

The scope of protected facilities was significantly expanded to explicitly include licensed day care centers, child care centers, preschools, early childhood education programs, public and non-public schools, charter schools, and institutions of higher education.

SCOPE

The definition of 'educational facility' was broadened from a general description to a specific list including day care centers, preschools, charter schools, and colleges.

REQUIREMENT

The restriction on residence was changed from being measured by the 'property line' to being measured by the 'boundary' of the facility.

GPS monitoring was clarified as a specific condition of bail, replacing the previous vague reference to 'exclusion zones via GPS monitoring'.

DEFINITION

Redundant legal definitions (e.g., what constitutes a public school) were removed from the text to improve readability, as they are already defined elsewhere in the code.

ENFORCEMENT

The enforcement section was updated to list specific recipients of the bail conditions (victims, school officials, and employees) rather than a generic 'requesting party'.

Relating to bail in cases involving terroristic threats to schools or children

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