HB 2869 West Virginia House of Delegates · 2025 Regular Session

Clarify the Meaning of Residence for the Purpose of Bail

HB 2869 clarifies that West Virginia judicial officers must explicitly consider a person's residency status when setting bail or release conditions for misdemeanor offenses. The bill specifically requires judges to evaluate whether the person is a West Virginia or U.S. resident, has community ties, and poses a flight risk. It applies to all misdemeanor cases except those listed in subsection (a)(1) (e.g., violent offenses, crimes against minors, or offenses involving stolen property over $250). The law adds residency status as a mandatory factor in the existing list of considerations under §62-1C-1a, alongside factors like criminal history and community safety. This change directly affects individuals charged with qualifying misdemeanors who seek release before trial.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 24, 2025 Last action Feb 24, 2025
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Total actions
4
Key actions
0
Committee
2
Feb 24, 2025
Committee
To House Judiciary
lower
Feb 24, 2025
Introduced
Introduced in House
lower
Feb 24, 2025
Committee
To Judiciary
lower
1 primary · 10 co-sponsors

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