This bill amends several sections of the Code of West Virginia concerning bail, introducing new definitions and procedures for bail determinations. It defines bail as security for a defendant's court appearance and outlines specific factors for judicial officers to consider when deciding on pretrial release, such as the nature of the offense, potential penalties, and the defendant's criminal history. The legislation establishes mandatory and discretionary pretrial release based on the offense category and allows for bail pending appeal, with restrictions for serious offenses involving violence or firearms. Additionally, it repeals existing provisions on bail amounts and release conditions, introducing new requirements for cash bail and recognizance, including a cap on cash bail for misdemeanors and a presumption of release on recognizance for certain misdemeanor charges unless good cause is shown.

The bill also reorganizes and clarifies key bail provisions, requiring defendants to provide proof of property ownership and its value as collateral for bail. It mandates that recognizance be signed by the defendant and one or more adult property owners or a surety company, with the property value needing to be at least half the bail amount. Importantly, it ensures that indigent defendants cannot be denied bail due to their inability to furnish recognizance. The bill outlines conditions for pretrial release, such as compliance with laws and supervision, and modifies penalties for failing to appear in court, specifying fines or imprisonment based on the charge type. Overall, the legislation aims to enhance the bail process while balancing public safety and defendants' rights.

Statutes affected:
Introduced Version: 62-1C-1, 62-1C-1a, 62-1C-2, 62-1C-17b, 62-1C-3, 62-1C-4