HB 5452 West Virginia House of Delegates · 2026 Regular Session

Relating to the standard of proof required for a final parole or probation revocation hearing.

HB 5452 clarifies that West Virginia courts must use a "preponderance of the evidence" standard in final parole or probation revocation hearings, meaning the evidence must show a violation is more likely than not to have occurred. The bill amends Section 62-12-10 of the West Virginia Code to explicitly state this standard, ensuring it is clearly defined in law. This change does not alter current practices but removes ambiguity about the required proof level. It directly affects individuals on parole or probation and the courts handling revocation cases in West Virginia.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 11, 2026 Last action Feb 11, 2026
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4
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0
Committee
2
Feb 11, 2026
Committee
To House Judiciary
lower
Feb 11, 2026
Introduced
Introduced in House
lower
Feb 11, 2026
Committee
To Judiciary
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of J.B. Akers
J.B. Akers
RRepublican
WV
55