Signed by Governor Jim Justice, Jr.

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that requires magistrates to release certain people from state custody on a personal recognizance bond.

Highlights:

• Requires a judicial officer, except for good cause shown, to release a person charged with a misdemeanor offense on their own recognizance unless that person is charged with (Article 1C):

• A misdemeanor offense of actual violence or threat of violence against a person;

• A misdemeanor offense where the victim was a minor;

• A misdemeanor offense involving the use of a deadly weapon;

• Certain misdemeanor offenses of the Uniform Controlled Substance Act;

• Misdemeanor offenses of sexual abuse;

• A serious misdemeanor traffic offense; or

• 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.

• Specifies that for the misdemeanor offenses specified in the first sub-highlight, 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 (Article 1C).

• Prohibits cash bail, in the case of misdemeanors, from exceeding 3 times the maximum fine provided for the offense (Article 1C).

Full Bill Text