HB 4609 West Virginia House of Delegates · 2026 Regular Session

Allowing Magistrates under certain circumstances to be able to order a mental evaluation

HB 4609 allows magistrates to require mental health evaluations for defendants charged with specific offenses: violating protective orders (§48-27-903), personal safety orders (§53-8-11), or making threats of terroristic acts (§61-6-24), before setting bail. The bill requires the evaluation to be scheduled within 10 days, with a report to the magistrate within 48 hours, followed by a bond hearing within five days of receiving the report. This process aims to determine if mental health treatment or counseling is needed as a condition of bond. The bill directly affects defendants in these three offense categories appearing before magistrates in West Virginia.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 20, 2026 Last action Jan 20, 2026
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Full legislative history

Actions timeline

Total actions
4
Key actions
0
Committee
2
Jan 20, 2026
Committee
To House Judiciary
lower
Jan 20, 2026
Introduced
Introduced in House
lower
Jan 20, 2026
Committee
To Judiciary
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Mike Hornby
Mike Hornby
RRepublican
WV
93