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Introduced Version House Bill 4511 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2018 regular session

Introduced

House Bill 4511

By Delegates Shott, Hanshaw, Ellington, Howell, Frich, Zatezalo and Anderson

[Introduced February 12, 2018; Referred
to the Committee on the Judiciary.]

A BILL to amend and reenact §62-1C-1a and §62-1C-3 of the Code of West Virginia, 1931, as amended, all relating to modifying bail requirements.

Be it enacted by the Legislature of West Virginia:


ARTICLE 1C. BAIL.


§62-1C-1a. Release upon own recognizance authorized.

(a) Any other provision of this article to the contrary notwithstanding, when from all the circumstances, the court or magistrate is of the opinion that the defendant or person arrested will appear as may be required of him or her, either before or after conviction, such defendant or person arrested may be released upon his or her own recognizance.

(b) Except for good cause shown, a court or magistrate shall release a person charged with a misdemeanor offense on his or her own recognizance unless that person is charged with:

(1) A misdemeanor offense of actual violence or threat of violence against a person;

(2) A misdemeanor offense where the victim was a minor, as defined in §61-8C-1 of this code;

(3) A misdemeanor offense involving the use of a deadly weapon, as defined in §61-7-2 of this code;

(4) A misdemeanor offense of the Uniform Controlled Substances Act set forth in §60A-1-101 et seq. of this code; or

(5) A serious misdemeanor driving offense set forth in §17C-5-1 et seq. of this code.


§62-1C-3. Fixing of amount; bail may cover two or more charges.

The amount of bail shall be fixed by the court or justice with magistrate and may not exceed the amount prescribed in a schedule prepared by the Supreme Court of Appeals of West Virginia.  In the absence of a schedule prepared by the Supreme Court of Appeals of West Virginia, the amount of bail shall be the minimum amount considered reasonable to ensure appearance in accordance with the provisions of this article. Consideration shall be given to the seriousness of the offense charged, the previous criminal record of the defendant, his or her financial ability, and the probability of his or her appearance. When two or more charges are filed or are pending against the same person at or about the same time, the bail given may be made to include all offenses charged against the defendant.


 

NOTE: The purpose of this bill is to modify misdemeanor bail requirements.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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