Bill Text: WV HB2536 | 2025 | Regular Session | Introduced
Bill Title: Require full cash bail for offenders who are rearrested for certain crimes while out on bond and enhanced criminal penalties
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced) 2025-02-18 - To House Judiciary [HB2536 Detail]
Download: West_Virginia-2025-HB2536-Introduced.html
WEST VIRGINIA LEGISLATURE
2025 REGULAR SESSION
Introduced
House Bill 2536
By Delegates Brooks, Green, Foggin, Pritt, Masters, Kump, and Mazzocchi
[Introduced February 18, 2025; referred to the Committee on the Judiciary]
A BILL to amend and reenact §62-1C-1 of the Code of West Virginia, 1931, as amended; relating to requiring cash bail for gun-related criminal offenses; and providing for consecutive sentencing for crimes committed while on bail for gun-related criminal offenses.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1C. BAIL.
§62-1C-1. Right to bail; exceptions; review.
(a) A person arrested for an offense not punishable by life imprisonment shall be admitted to bail by the court or magistrate. A person arrested for an offense punishable by life imprisonment may, in the discretion of the court that will have jurisdiction to try the offense, be admitted to bail.
(b) Bail may be allowed pending appeal from a conviction, except that bail shall not be granted where the offense is punishable by life imprisonment or where the court has determined from the evidence at the trial or upon a plea of guilty or nolo contendere that the offense was committed or attempted to be committed with the use, presentment or brandishing of a firearm or other deadly weapon, or by the use of violence to a person: Provided, That the denial of bail under one of these exceptions may be reviewed by summary petition to the Supreme Court of Appeals or any justice thereof, and the petition for bail may be granted where there is a likelihood that the defendant will prevail upon the appeal. The court or judge allowing bail pending appeal may at any time revoke the order admitting the defendant to bail.
(c) The amount of bail or the discretionary denial of bail at any stage of the proceedings may be reviewed by summary petition first to the lower appellate court, if any, and thereafter by summary petition to the Supreme Court of Appeals or any judge thereof.
(d) For a person on bail for a violent or gun-related crime, who is rearrested for another violent or gun-related crime, a full cash bail is required and may be provided by a professional bail bondsman.
(e) For a second arrest for a violent or gun-related crime while on bail, a full cash bail is required and may only be paid by the defendant. If the person is found guilty of these crimes, the sentence for each crime shall run consecutively.
NOTE: The purpose of this bill is to requiring cash bail for gun-related criminal offenses; and providing for consecutive sentencing for crimes committed while on bail for gun-related criminal offenses.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
