H. B. 2040
(By Delegate Ellem)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §62-1C-17c of the Code of West
Virginia, 1931, as amended, relating to conditions of bond for
defendants in cases of crimes between family or household
members generally; and setting forth certain specific
statutory conditions in lieu of allowing the issuing authority
to set conditions of bail.
Be it enacted by the Legislature of West Virginia:
That §62-1C-17c of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 1C. BAIL.
§62-1C-17c. Bail in cases of crimes between family or household
(a) When the offense charged is a crime against a family or
household member, it may be a condition of bond that the defendant
shall not have any contact whatsoever, direct or indirect, verbal or physical, with the victim or complainant may not initiate
contact with the victim or the complainant, come within one hundred
feet of the victim or complainant, enter the complainant's
residence, school, business or place of employment.
(b) In determining conditions of release, the issuing
authority shall consider whether the defendant poses a threat or
danger to the victim or other family or household member.
issuing authority makes such a determination, it shall require as
a condition of bail that the defendant refrain from entering the
residence or household of the victim, the victim's school, and the
victim's place of employment or otherwise contacting the victim
and/or minor child or household member in any manner whatsoever,
and shall refrain from having any further contact with the victim.
A violation of
condition set out in subsection (a) of this
may be punishable by the forfeiture of bail and the
issuance of a bench warrant for the defendant's arrest or remanding
the defendant to custody or a modification of the terms of bail.
(c) The clerk of the court issuing an order pursuant to this
section shall issue certified copies of the conditions of bail to
the victim upon request without cost.
(d) Where a law-enforcement officer observes any violation of
bail condition, including the presence of the defendant or at the
of the victim, the officer shall immediately arrest
the defendant, and detain the defendant pending a hearing for revocation of bail.
NOTE: The purpose of this bill is to provide certain specific
statutory conditions of bond in cases involving crimes between
family or household members in lieu of allowing the issuing
authority to set conditions of bail.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would