West Virginia legislation · 2026 Regular Session
West Virginia HB4606: Relating to the meaning of residence for the purpose of bail
Status: Signed into law, April 1, 2026
What the bill says
An act to amend and reenact §62-1C-1a and §62-1C-4 of the Code of West Virginia, 1931, as amended, relating to requiring that judicial officers consider the residency status of a person charged with a criminal violation in determining bail and conditions of pretrial release; clarifying certain requirements for a judicial officer in determining good cause under the section; clarifying that a magistrate may not release a defendant charged with a felony crime of violence against the person, a felony offense in which the victim was a minor, a felony offense of arson or burglary, or a felony drug o.
From the enrolled text, March 14, 2026:
AN ACT to amend and reenact §62-1C-1a and §62-1C-4 of the Code of West Virginia, 1931, as amended, relating to requiring that judicial officers consider the residency status of a person charged with a criminal violation in determining bail and conditions of pretrial release; clarifying certain requirements for a judicial officer in determining good cause under the section; clarifying that a magistrate may not release a defendant charged with a felony crime of violence against the person, a felony offense in which the victim was a minor, a felony offense of arson or burglary, or a felony drug offense on his or her own recognizance; clarifying that the determination of whether to release a person, fix bail, or impose reasonable conditions of release requires a judicial officer to consider the person's status as a resident of West Virginia and/or of the United States of America; and clarifying when a judicial officer may release a defendant charged with certain felony offenses on his or her own recognizance. Article 1C. Bail. §62-1C-1a. Pretrial release; types of release; conditions for release; considerations as to conditions of release. (a) Subject to the provisions of §62-1C-1 of this code, when a person charged with a violation or violations of the criminal laws of this state first appears before a judicial officer: (1) Except for good …