HB 3189 West Virginia House of Delegates · 2025 Regular Session

Creating crime of attempting to smuggle contraband into federal correctional institutions within the state

This bill amends West Virginia law to explicitly include federal correctional facilities within the definition of "correctional facilities" for existing laws against smuggling contraband. It makes it illegal to deliver weapons, drugs, alcohol, escape tools, dangerous materials, or telecommunications devices into federal prisons in West Virginia without authorization, with penalties ranging from misdemeanors (up to $500 fines and 1 year in jail) to felonies (up to 10 years in prison). The law directly affects individuals who attempt to smuggle such items into federal correctional institutions within the state, including visitors, staff, or outsiders. It expands existing state penalties - previously limited to state facilities - to cover federal prisons, without creating new exemptions or altering inmate rights.
Bill status passed 3 of 5 stages cleared
Introduction
Mar 2025
Committee Review
Apr 2025
House of Delegates Passage
Apr 2025
Senate Passage
Governor
Introduced Mar 6, 2025 Last action Apr 3, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version Engrossed Version · 3 edits · Apr 2, 2025
MINOR
This bill amends West Virginia law to explicitly include federal correctional facilities in existing criminal provisions that prohibit delivering items to people in custody. Previously, these laws applied only to state jails, correctional facilities, juvenile facilities, and detention centers. The change ensures that federal inmates in West Virginia are covered by the same rules against unauthorized deliveries and contraband.
Scope change
The bill expands the scope of the law from state-only correctional facilities to include federal correctional facilities within West Virginia.
SCOPE

Federal correctional facilities are now explicitly included in all subsections of §61-5-8, which previously only listed state jails, state correctional facilities, juvenile facilities, and juvenile detention centers.

DEFINITION

New definitions were added to clarify terms including 'dangerous material', 'delivers', 'inmate', 'implement of escape', 'telecommunication device', and 'weapon' to ensure consistent application across all facility types.

ENFORCEMENT

Penalties for possessing certain items like alcohol, money, or contraband were standardized for inmates in all facility types, with consistent fines and jail time provisions.

Floor votes · House of Delegates Apr 2, 2025

How they voted

1000
Passed
Total votes 100
Apr 2, 2025
D Democratic9
9 Yea
100% Yea
R Republican91
91 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
15
Key actions
2
Committee
4
Apr 3, 2025
Committee
To Judiciary
upper
Apr 3, 2025
Introduced
Introduced in Senate
upper
Apr 2, 2025
Lower · Passed
Passed House (Roll No. 354)
lower
Mar 28, 2025
Lower · Passed
Do pass
lower
Mar 6, 2025
Committee
To House Judiciary
lower
Mar 6, 2025
Introduced
Introduced in House
lower
Mar 6, 2025
Committee
To Judiciary
lower
1 primary · 9 co-sponsors

Sponsors