HB 3431
To reorganize several key provisions of bail statutes with an emphasis on application of factors for certain bail determinations.
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill aims to revise West Virginia’s bail statutes, focusing on how judges should consider various factors when deciding whether to release a defendant before trial and setting bail amounts. It clarifies the factors judicial officers must use, outlines different types of pretrial release, and addresses conditions of release, including recognizance and cash bail. The bill also includes provisions for handling failures to appear and modifying release conditions.
Key provisions
- Defines bail and outlines factors judicial officers must consider when determining bail amounts and release conditions.
- Specifies different types of pretrial release, including cash bail, recognizance, and other forms.
- Establishes requirements for recognizance, including surety requirements and net worth limits.
- Requires judicial officers to consider factors such as the nature of the offense, the defendant’s criminal history, and the potential for flight when setting bail.
- Provides for mandatory or discretionary pretrial release based on the category of charged offense.
- Addresses procedures for defendants who remain incarcerated after their initial appearance.
- Sets maximum cash bail amounts for misdemeanors.
- Requires judicial officers to consider indigency when determining bail and release conditions.
Who is affected
- Defendants facing criminal charges
- Judges and magistrates
- Prosecutors
- Defense attorneys
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