SB 157
Reorganizing several provisions of bail statutes
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill revises West Virginia’s bail statutes, aiming to clarify procedures and factors used in determining bail amounts and release conditions. It reorganizes sections related to bail definitions, judicial considerations for release, pretrial release options, and recognizance requirements. The bill also includes provisions for addressing failures to appear and modifying release conditions, with the goal of streamlining the bail process and ensuring fair treatment of defendants.
Key provisions
- Defines bail as security for a defendant’s appearance and outlines factors judicial officers must consider when setting bail amounts and conditions.
- Establishes categories for pretrial release, including options for recognizance, cash bail, and other forms of bail.
- Specifies conditions of release, such as prohibitions against violating laws, maintaining employment, and avoiding contact with victims.
- Requires a hearing for defendants held after their initial appearance if they cannot meet bail requirements.
- Sets maximum cash bail amounts for misdemeanors and establishes requirements for surety bonds.
- Mandates release on recognizance for certain misdemeanor offenses, except when good cause is shown.
- Addresses procedures for failure to appear, including issuance of capias and potential penalties.
- Allows for modification of release conditions by judicial officers.
Who is affected
- Defendants facing criminal charges
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