Plain English Breakdown
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HB4609 • 2026
Allowing Magistrates under certain circumstances to be able to order a mental evaluation
Allowing Magistrates under certain circumstances to be able to order a mental evaluation
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Bill History
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2026-01-20
H
To House Judiciary
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2026-01-20
H
Introduced in House
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2026-01-20
H
To Judiciary
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2026-01-20
H
Filed for introduction
Official Summary Text
Allowing Magistrates under certain circumstances to be able to order a mental evaluation
Current Bill Text
Read the full stored bill text
HB 4609 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Introduced Version House Bill 4609 History | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE 2026 REGULAR SESSION Introduced House Bill 4609 By Delegate Hornby [Introduced January 20, 2026; referred to the Committee on the Judiciary] A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §62-1C-17d, relating to bail; and allowing magistrates under certain circumstances to order mental evaluations. Be it enacted by the Legislature of West Virginia: ARTICLE 1C. BAIL. §62-1C-17d. Mental health evaluation prior to setting bail; purpose; report. Prior to setting bail, a magistrate or judge may order a defendant charged with §48-27-903 (violation of protective order); or §53-8-11 (violation of personal safety order); or §61-6-24 (threats of terroristic acts) to undergo a mental health evaluation performed by a mental health provider licensed by the state. The purpose of this evaluation is to determine if the defendant needs mental health treatment or counseling as a condition of bond. The evaluation must be scheduled within 10 days of the order's issuance. Once the evaluation is completed, the examiner must, within 48 hours, issue a report to the magistrate. A magistrate or judge shall hold a bond hearing within five days of receiving the report. NOTE: The purpose of this bill is to allow magistrates, under certain circumstances, to order mental evaluations. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added. Bill Status | Bill Tracking | Legacy WV Code | Bulletin Board | District Maps | Senate Roster | House Roster | Live | Blog | Jobs | Links | Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information. | Terms of Use | Webmaster | © 2026 West Virginia Legislature ** Print On Demand Name: Email: Phone: