Relating to the meaning of residence for the purpose of bail
H Chapter 79, Acts, Regular Session, 2026
Summary
The bill amends West Virginia’s bail statutes so judges must weigh a defendant’s residency status—whether they live in West Virginia or the United States—when setting bail or other release conditions. It also bars magistrates from releasing defendants charged with specific violent or serious felonies on their own recognizance and adds procedural safeguards such as a prompt hearing for those jailed because they cannot afford a secured bond. The changes affect all criminal defendants and the judges, magistrates, prosecutors, and defense attorneys who handle pre‑trial release.
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