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HB4606 • 2026

Relating to the meaning of residence for the purpose of bail

Relating to the meaning of residence for the purpose of bail

Children Crime
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Hornby, Funkhouser
Last action
2026-04-01
Official status
Effective Ninety Days from Passage - (June 12, 2026)
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Rejected

Plain English:  HB4606 HFA Lewis 2-4 Altizer – 3259 Delegate Lewis moves to amend Com Sub for HB4606 on page 2, line 26, following the words "of evidence" by striking out the colon and the proviso on lines 26 through 28, and inserting in lieu thereof, a period.

  •  HB4606 HFA Lewis 2-4 Altizer – 3259 Delegate Lewis moves to amend Com Sub for HB4606 on page 2, line 26, following the words "of evidence" by striking out the colon and the proviso on lines 26 through 28, and inserting in lieu thereof, a period.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.
Filed

Plain English:  HB4606 HFA Lewis 2-4 Altizer – 3259 Delegate Lewis moves to amend Com Sub for HB4606 on page 2, line 26, following the words "of evidence" by striking out the colon and the proviso on lines 26 through 28, and inserting in lieu thereof, a period.

  •  HB4606 HFA Lewis 2-4 Altizer – 3259 Delegate Lewis moves to amend Com Sub for HB4606 on page 2, line 26, following the words "of evidence" by striking out the colon and the proviso on lines 26 through 28, and inserting in lieu thereof, a period.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.
Adopted

Plain English:  HB4606 HFA McGeehan 3-14 #1 Valentino 3133 Delegate McGeehan moved to amend the bill on page 2, section 1a, line 27, by striking out the words “felony offense” and inserting in lieu thereof the words “felony crime of violence against the person as defined in §61-11-26(p)(3) of this code; with a felony offense in which the victim was a minor as defined in §61-11-26(p)(4) of this code; with a felony offense of arson or burglary set forth in §61-3-1 et seq.

  •  HB4606 HFA McGeehan 3-14 #1 Valentino 3133 Delegate McGeehan moved to amend the bill on page 2, section 1a, line 27, by striking out the words “felony offense” and inserting in lieu thereof the words “felony crime of violence against the person as defined in §61-11-26(p)(3) of this code; with a felony offense in which the victim was a minor as defined in §61-11-26(p)(4) of this code; with a felony offense of arson or burglary set forth in §61-3-1 et seq.
  • of this code; or with a felony drug offense set forth in chapter 60A of this code”; And, On page 5, after line 98, by inserting a new section 4, to read as follows: §62-1C-4.
  • Recognizance; signing; requirements for signers or surety company; release upon own recognizance; indigent persons.
  • The recognizance shall be signed by the defendant.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.
Adopted

Plain English:  HB4606 HFA McGeehan 3-14 #1 Valentino 3133 Delegate McGeehan moved to amend the bill on page 2, section 1a, line 27, by striking out the words “felony offense” and inserting in lieu thereof the words “felony crime of violence against the person as defined in §61-11-26(p)(3) of this code; with a felony offense in which the victim was a minor as defined in §61-11-26(p)(4) of this code; with a felony offense of arson or burglary set forth in §61-3-1 et seq.

  •  HB4606 HFA McGeehan 3-14 #1 Valentino 3133 Delegate McGeehan moved to amend the bill on page 2, section 1a, line 27, by striking out the words “felony offense” and inserting in lieu thereof the words “felony crime of violence against the person as defined in §61-11-26(p)(3) of this code; with a felony offense in which the victim was a minor as defined in §61-11-26(p)(4) of this code; with a felony offense of arson or burglary set forth in §61-3-1 et seq.
  • of this code; or with a felony drug offense set forth in chapter 60A of this code”; And, On page 5, after line 98, by inserting a new section 4, to read as follows: §62-1C-4.
  • Recognizance; signing; requirements for signers or surety company; release upon own recognizance; indigent persons.
  • The recognizance shall be signed by the defendant.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.
Filed

Plain English:  HB4606 HFA McGeehan 3-14 #1 Valentino 3133 Delegate McGeehan moved to amend the bill on page 2, section 1a, line 27, by striking out the words “felony offense” and inserting in lieu thereof the words “felony crime of violence against the person as defined in §61-11-26(p)(3) of this code; with a felony offense in which the victim was a minor as defined in §61-11-26(p)(4) of this code; with a felony offense of arson or burglary set forth in §61-3-1 et seq.

  •  HB4606 HFA McGeehan 3-14 #1 Valentino 3133 Delegate McGeehan moved to amend the bill on page 2, section 1a, line 27, by striking out the words “felony offense” and inserting in lieu thereof the words “felony crime of violence against the person as defined in §61-11-26(p)(3) of this code; with a felony offense in which the victim was a minor as defined in §61-11-26(p)(4) of this code; with a felony offense of arson or burglary set forth in §61-3-1 et seq.
  • of this code; or with a felony drug offense set forth in chapter 60A of this code”; And, On page 5, after line 98, by inserting a new section 4, to read as follows: §62-1C-4.
  • Recognizance; signing; requirements for signers or surety company; release upon own recognizance; indigent persons.
  • The recognizance shall be signed by the defendant.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.
Adopted

Plain English:  HB4606 HFAT Akers 2-4 WRV 3133 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: “ H.

  •  HB4606 HFAT Akers 2-4 WRV 3133 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: “ H.
  • B.
  • 4606 -- A Bill to amend and reenact §62-1C-1a of the Code of West Virginia, 1931, as amended, relating to bail; requiring that judicial officers consider the residency status of a person charged with a criminal violation in determining bail and conditions of pretrial release; clarifying certain requirements for the a judicial officer in determining good cause under the section; clarifying that a magistrate may not release a defendant charged with a felony offense on his or her own recognizance; and clarifying that the determination of whether to release a person, fix bail or impose reasonable conditions of release requires a judicial officer to consider the person's status as a resident of West Virginia and/or of the United States of America.” Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.
Filed

Plain English:  HB4606 HFAT Akers 2-4 WRV 3133 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: “ H.

  •  HB4606 HFAT Akers 2-4 WRV 3133 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: “ H.
  • B.
  • 4606 -- A Bill to amend and reenact §62-1C-1a of the Code of West Virginia, 1931, as amended, relating to bail; requiring that judicial officers consider the residency status of a person charged with a criminal violation in determining bail and conditions of pretrial release; clarifying certain requirements for the a judicial officer in determining good cause under the section; clarifying that a magistrate may not release a defendant charged with a felony offense on his or her own recognizance; and clarifying that the determination of whether to release a person, fix bail or impose reasonable conditions of release requires a judicial officer to consider the person's status as a resident of West Virginia and/or of the United States of America.” Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.
Adopted

Plain English:  HB4606 HFAT McGeehan #1 3-14 Valentino 3133 Delegate McGeehan moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.

  •  HB4606 HFAT McGeehan #1 3-14 Valentino 3133 Delegate McGeehan moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.
  • Com.
  • Sub.
  • for House Bill 4606 —A Bill to amend and reenact §62-1C-1a and §62-1C-4 of the Code of West Virginia, 1931, as amended, relating to requiring that judicial officers consider the residency status of a person charged with a criminal violation in determining bail and conditions of pretrial release; clarifying certain requirements for a judicial officer in determining good cause under the section; clarifying that a magistrate may not release a defendant charged with a felony crime of violence against the person, a felony offense in which the victim was a minor, a felony offense of arson or burglary, or a felony drug offense on his or her own recognizance; clarifying that the determination of whether to release a person, fix bail, or impose reasonable conditions of release requires a judicial officer to consider the person's status as a resident of West Virginia and/or of the United States of America; and clarifying when a judicial officer may release a defendant charged with certain felony offenses on his or her own recognizance.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.
Adopted

Plain English:  HB4606 HFAT McGeehan #1 3-14 Valentino 3133 Delegate McGeehan moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.

  •  HB4606 HFAT McGeehan #1 3-14 Valentino 3133 Delegate McGeehan moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.
  • Com.
  • Sub.
  • for House Bill 4606 —A Bill to amend and reenact §62-1C-1a and §62-1C-4 of the Code of West Virginia, 1931, as amended, relating to requiring that judicial officers consider the residency status of a person charged with a criminal violation in determining bail and conditions of pretrial release; clarifying certain requirements for a judicial officer in determining good cause under the section; clarifying that a magistrate may not release a defendant charged with a felony crime of violence against the person, a felony offense in which the victim was a minor, a felony offense of arson or burglary, or a felony drug offense on his or her own recognizance; clarifying that the determination of whether to release a person, fix bail, or impose reasonable conditions of release requires a judicial officer to consider the person's status as a resident of West Virginia and/or of the United States of America; and clarifying when a judicial officer may release a defendant charged with certain felony offenses on his or her own recognizance.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.
Filed

Plain English:  HB4606 HFAT McGeehan #1 3-14 Valentino 3133 Delegate McGeehan moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.

  •  HB4606 HFAT McGeehan #1 3-14 Valentino 3133 Delegate McGeehan moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.
  • Com.
  • Sub.
  • for House Bill 4606 —A Bill to amend and reenact §62-1C-1a and §62-1C-4 of the Code of West Virginia, 1931, as amended, relating to requiring that judicial officers consider the residency status of a person charged with a criminal violation in determining bail and conditions of pretrial release; clarifying certain requirements for a judicial officer in determining good cause under the section; clarifying that a magistrate may not release a defendant charged with a felony crime of violence against the person, a felony offense in which the victim was a minor, a felony offense of arson or burglary, or a felony drug offense on his or her own recognizance; clarifying that the determination of whether to release a person, fix bail, or impose reasonable conditions of release requires a judicial officer to consider the person's status as a resident of West Virginia and/or of the United States of America; and clarifying when a judicial officer may release a defendant charged with certain felony offenses on his or her own recognizance.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.
Adopted

Plain English:  HB4606 SFA Garcia #1 3-12 Wolfe 7816 Senator Garcia moved to amend the bill on page 2, section 1a, line 27, by striking out the words “felony offense” and inserting in lieu thereof the words “felony crime of violence against the person, including those offenses set forth in §61-2-1 et seq.

  •  HB4606 SFA Garcia #1 3-12 Wolfe 7816 Senator Garcia moved to amend the bill on page 2, section 1a, line 27, by striking out the words “felony offense” and inserting in lieu thereof the words “felony crime of violence against the person, including those offenses set forth in §61-2-1 et seq.
  • , §61-3E-1 et seq.
  • , §61-8B-1 et seq.
  • , and §61-8D-1 et seq.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.
Filed

Plain English:  HB4606 SFA Garcia #1 3-12 Wolfe 7816 Senator Garcia moved to amend the bill on page 2, section 1a, line 27, by striking out the words “felony offense” and inserting in lieu thereof the words “felony crime of violence against the person, including those offenses set forth in §61-2-1 et seq.

  •  HB4606 SFA Garcia #1 3-12 Wolfe 7816 Senator Garcia moved to amend the bill on page 2, section 1a, line 27, by striking out the words “felony offense” and inserting in lieu thereof the words “felony crime of violence against the person, including those offenses set forth in §61-2-1 et seq.
  • , §61-3E-1 et seq.
  • , §61-8B-1 et seq.
  • , and §61-8D-1 et seq.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.
Filed

Plain English:  HB4606 SFA Martin #1 3-14 Wolfe 7816 Senator Martin moved to amend the bill on page 2, section 1a, line 27, by striking out the words “felony offense” and inserting in lieu thereof the words “felony crime of violence against the person as defined in §61-11-26(p)(3) of this code; with a felony offense in which the victim was a minor as defined in §61-11-26(p)(4) of this code; with a felony offense of arson or burglary set forth in §61-3-1 et seq.

  •  HB4606 SFA Martin #1 3-14 Wolfe 7816 Senator Martin moved to amend the bill on page 2, section 1a, line 27, by striking out the words “felony offense” and inserting in lieu thereof the words “felony crime of violence against the person as defined in §61-11-26(p)(3) of this code; with a felony offense in which the victim was a minor as defined in §61-11-26(p)(4) of this code; with a felony offense of arson or burglary set forth in §61-3-1 et seq.
  • of this code; or with a felony drug offense set forth in chapter 60A of this code”; And, On page 5, after line 98, by inserting a new section 4, to read as follows: §62-1C-4.
  • Recognizance; signing; requirements for signers or surety company; release upon own recognizance; indigent persons.
  • The recognizance shall be signed by the defendant.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.
Filed

Plain English:  HB4606 SFAT Martin #1 3-14 Wolfe 7816 Senator Martin moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.

  •  HB4606 SFAT Martin #1 3-14 Wolfe 7816 Senator Martin moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.
  • Com.
  • Sub.
  • for House Bill 4606 —A Bill to amend and reenact §62-1C-1a and §62-1C-4 of the Code of West Virginia, 1931, as amended, relating to requiring that judicial officers consider the residency status of a person charged with a criminal violation in determining bail and conditions of pretrial release; clarifying certain requirements for a judicial officer in determining good cause under the section; clarifying that a magistrate may not release a defendant charged with a felony crime of violence against the person, a felony offense in which the victim was a minor, a felony offense of arson or burglary, or a felony drug offense on his or her own recognizance; clarifying that the determination of whether to release a person, fix bail, or impose reasonable conditions of release requires a judicial officer to consider the person's status as a resident of West Virginia and/or of the United States of America; and clarifying when a judicial officer may release a defendant charged with certain felony offenses on his or her own recognizance.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Bill History

  1. 2026-04-01 H

    Approved by Governor 4/1/2026

  2. 2026-03-25 H

    To Governor 3/25/2026

  3. 2026-03-14 H

    Approved by Governor 4/1/2026 - House Journal

  4. 2026-03-14 S

    Approved by Governor 4/1/2026 - Senate Journal

  5. 2026-03-14 S

    To Governor 3/25/2026 - Senate Journal

  6. 2026-03-14 S

    Completed legislative action

  7. 2026-03-14 S

    Communicated to House

  8. 2026-03-14 S

    Senate concurred in House amendments and passed bill (Roll No. 712)

  9. 2026-03-14 S

    House Message received

  10. 2026-03-14 H

    Communicated to Senate

  11. 2026-03-14 H

    House concurred in Senate amend with amend, passed bill (Roll No. 696)

  12. 2026-03-14 H

    Motion for previous question rejected (Roll No. 695)

  13. 2026-03-14 H

    House reconsidered its action

  14. 2026-03-14 H

    Communicated to Senate

  15. 2026-03-14 H

    House refused to concur; requested Senate to recede (Voice)

  16. 2026-03-14 H

    House received Senate message

  17. 2026-03-13 S

    Senate requests House to concur

  18. 2026-03-13 S

    Passed Senate (Roll No. 544)

  19. 2026-03-13 S

    Amended on 3rd reading (Voice vote)

  20. 2026-03-13 S

    Unanimous consent to amend on 3rd reading

  21. 2026-03-13 S

    Read 3rd time

  22. 2026-03-12 S

    Laid over on 3rd reading 3/12/2026

  23. 2026-03-12 S

    On 3rd reading

  24. 2026-03-11 S

    Read 2nd time

  25. 2026-03-11 S

    On 2nd reading

  26. 2026-03-10 S

    Read 1st time

  27. 2026-03-10 S

    Immediate consideration

  28. 2026-03-10 S

    Reported do pass

  29. 2026-02-06 S

    To Judiciary

  30. 2026-02-06 S

    To Judiciary

  31. 2026-02-06 S

    Introduced in Senate

  32. 2026-02-05 H

    Communicated to Senate

  33. 2026-02-05 H

    Title amendment adopted (Voice vote)

  34. 2026-02-05 H

    Passed House (Roll No. 50)

  35. 2026-02-05 H

    Read 3rd time

  36. 2026-02-05 H

    On 3rd reading, Special Calendar

  37. 2026-02-04 H

    Amendment rejected (Voice vote)

  38. 2026-02-04 H

    Amendment reported by the Clerk

  39. 2026-02-04 H

    Read 2nd time

  40. 2026-02-04 H

    On 2nd reading, Special Calendar

  41. 2026-02-03 H

    Read 1st time

  42. 2026-02-03 H

    On 1st reading, Special Calendar

  43. 2026-02-02 H

    By substitute, do pass

  44. 2026-01-29 H

    Markup Discussion

  45. 2026-01-28 H

    To House Judiciary

  46. 2026-01-27 H

    Markup Discussion

  47. 2026-01-26 H

    To House Courts

  48. 2026-01-20 H

    To House Judiciary

  49. 2026-01-20 H

    Introduced in House

  50. 2026-01-20 H

    To Judiciary

  51. 2026-01-20 H

    Filed for introduction

Official Summary Text

Relating to the meaning of residence for the purpose of bail

Current Bill Text

Read the full stored bill text 
HB 4606 Text

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Key:
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= existing Code.
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WEST virginia legislature
2026 regular session
ENROLLED
Committee Substitute
for
House Bill 4606
By Delegates Hornby and Funkhouser
[Passed March 14, 2026; in effect 90 days from passage (June 12, 2026)]

AN ACT to amend and reenact §62-1C-1a and §62-1C-4 of the Code of West Virginia, 1931, as amended, relating to requiring that judicial officers consider the residency status of a person charged with a criminal violation in determining bail and conditions of pretrial release; clarifying certain requirements for a judicial officer in determining good cause under the section; clarifying that a magistrate may not release a defendant charged with a felony crime of violence against the person, a felony offense in which the victim was a minor, a felony offense of arson or burglary, or a felony drug offense on his or her own recognizance; clarifying that the determination of whether to release a person, fix bail, or impose reasonable conditions of release requires a judicial officer to consider the person's status as a resident of West Virginia and/or of the United States of America; and clarifying when a judicial officer may release a defendant charged with certain felony offenses on his or her own recognizance.
Be it enacted by the Legislature of West Virginia:

Article 1C. Bail.

§62-1C-1a. Pretrial release; types of release; conditions for release; considerations as to conditions of release.

(a) Subject to the provisions of §62-1C-1 of this code, when a person charged with a violation or violations of the criminal laws of this state first appears before a judicial officer:
(1) Except for good cause shown, a judicial officer shall release a person charged with a misdemeanor offense on his or her own recognizance unless that person is charged with:
(A) A misdemeanor offense of actual violence or threat of violence against a person;
(B) A misdemeanor offense where the victim was a minor, as defined in §61-8C-1 of this code;
(C) A misdemeanor offense involving the use of a deadly weapon, as defined in §61-7-2 of this code;
(D) A misdemeanor offense of the Uniform Controlled Substances Act as set forth in chapter 60A of this code;
(E) Misdemeanor offenses of sexual abuse;
(F) A serious misdemeanor traffic offense set forth in §17C-5-1 or §17C-5-2 of this code; or
(G) A misdemeanor offense involving auto tampering, petit larceny or possession, transfer or receiving of stolen property when alleged value on the property involved exceeds $250.
(2) In determining good cause for purposes of release under this section, a judicial officer shall consider the residency status of a person charged with a misdemeanor offense, including but not limited to whether the person: (A) Is a resident of West Virginia and/or the United States of America; (B) has ties to the community; and (C) is a risk of flight.
(3) For the misdemeanor offenses specified in subsection (a) of this section and all other offenses which carry a penalty of incarceration, the arrested person is entitled to be admitted to bail subject to the least restrictive condition or combination of conditions that the judicial officer determines reasonably necessary to assure that person will appear as required, and which will not jeopardize the safety of the arrested person, victims, witnesses, or other persons in the community or the safety and maintenance of evidence:
Provided
, That pursuant to §62-1C-4 of this code, a magistrate may not release a defendant charged with a felony crime of violence against the person as defined in §61-11-26(p)(3) of this code; with a felony offense in which the victim was a minor as defined in §61-11-26(p)(4) of this code; with a felony offense of arson or burglary set forth in §61-3-1
et seq.
of this code; or with a felony drug offense set forth in chapter 60A of this code; on his or her own recognizance. Further conditions may include that the person charged shall:
(A) Not violate any criminal law of this state, another state, or the United States;
(B) Remain in the custody of a person designated by the judicial officer, who agrees to assume supervision and to report any violation of a release condition to the court, if the designated person is reasonably able to assure the judicial officer that the person will appear as required and will not pose a danger to himself or herself or to the safety of any other person or the community; (C) Participate in home incarceration pursuant to §62-11B-1
et seq.
of this code;
(D) Participate in an electronic monitoring program if one is available where the person is charged or will reside;
(E) Maintain employment, or, if unemployed, actively seek employment;
(F) Avoid all contact with an alleged victim of the alleged offense and with potential witnesses and other persons as directed by the court;
(G) Refrain from the use or excessive use of alcohol, or any use of a narcotic drug or other controlled substance, as defined in §60A-1-1
et seq.
of this code without a prescription from a licensed medical practitioner;
(H) Execute an agreement to forfeit, upon failing to appear as required, property of a sufficient unencumbered value, including money, as is reasonably necessary to assure the appearance of the person as required. The person charged shall provide the court with proof of ownership, the value of the property, and information regarding existing encumbrances of the property as, in the discretion of the judicial officer, is reasonable and necessary collateral to ensure the subsequent appearance of the person as required;
(I) Post a cash bond, or execute a bail bond with solvent sureties who will execute an agreement to forfeit an amount reasonably necessary to assure appearance of the person as required. If other than an approved surety, the surety shall provide the court with information regarding the value of its assets and liabilities and the nature and extent of encumbrances against the surety’s property. The surety shall have a net worth of sufficiently unencumbered value to pay the amount of the bail bond; or
(J) Satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of the arrested person, victims, witnesses, other persons in the community, or the safety and maintenance of evidence.
(4) Proper considerations in determining whether to release the arrested person on an unsecured bond, fixing a reasonable amount of bail, or imposing other reasonable conditions of release are:
(A) The ability of the arrested person to give bail;
(B) The nature, number, and gravity of the offenses;
(C) The potential penalty the arrested person faces;
(D) Whether the alleged acts were violent in nature;
(E) The arrested person’s prior record of criminal convictions and delinquency adjudications, if any;
(F) The character, health, residence, and reputation of the arrested person:
Provided
, That, in determining whether to release a person, fix bail or impose reasonable conditions of release, a judicial officer shall consider the person's status as a resident of West Virginia and/or of the United States of America;
(G) The character and strength of the evidence which has been presented to the judicial officer;
(H) Whether the arrested person is currently on probation, extended supervision, or parole;
(I) Whether the arrested person is already on bail or subject to other release conditions in other pending cases;
(J) Whether the arrested person has been bound over for trial after a preliminary examination;
(K) Whether the arrested person has in the past forfeited bail or violated a condition of release or was ever a fugitive from justice; and
(L) The policy against unnecessary incarceration of arrested persons pending trial set forth in this section.
(b) In all misdemeanors, cash bail may not exceed three times the maximum fine provided for the offense. If the person is charged with more than one misdemeanor, cash bail may not exceed three times the highest maximum fine of the charged offenses.
(c) Notwithstanding any provisions of this article to the contrary, whenever a person not subject to the provisions of §62-1C-1 of this code remains incarcerated after his or her initial appearance, relating to a misdemeanor, due to the inability to meet the requirements of a secured bond, a magistrate or judge shall hold a hearing within five days of setting the initial bail to determine if there is a condition or combination of conditions which can meet the considerations set forth in §62-1C-1a(a)(3) of this code.
(d) A judicial officer may upon notice and hearing modify the conditions of release at any time by imposing additional or different conditions.
(e) A prosecuting attorney and defense counsel, unless expressly waived by the defendant, shall appear at all hearings in which bail or bond conditions are at issue other than the proceeding at which the conditions of release are initially set.
(f) No judicial officer may recommend the services of a surety who is his or her relative as that term is defined in §6B-1-3 of this code.

§62-1C-4. Recognizance; signing; requirements for signers or surety company; release upon own recognizance; indigent persons.

The recognizance shall be signed by the defendant. It shall also be signed by one or more adult persons owning real property in the state. The court or justice may require that justification of surety be furnished. The assessed value of the real property as shown on the county land books over and above all liens and encumbrances shall not be less than one half the amount of the bail. Or, the recognizance may be signed by the defendant and a surety company authorized to do business in this state. If the offense is a felony, the magistrate or circuit judge of the court that will have jurisdiction to try the offense may release the defendant on his or her own recognizance consistent with the provisions of §62-1C-1a(a)(3) of this code. If the offense is a misdemeanor, either the court or justice may release the defendant on his or her own recognizance. An indigent person who the court is satisfied will appear as required shall not be denied bail because of his or her inability to furnish recognizance.
The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the House of Delegates

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Clerk of the Senate

Originated in the House of Delegates.

In effect 90 days from passage.

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Speaker of the House of Delegates

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President of the Senate

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The within is ................................................ this the...........................................

Day of ..........................................................................................................., 2026.

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