HB 5105 West Virginia House of Delegates · 2026 Regular Session

Relating to financial exploitation of a person in recovery

HB 5105 creates a legal cause of action for vulnerable individuals - including those in recovery, elderly persons (65+), protected persons, and incapacitated adults - who suffer financial exploitation. The bill defines "financial exploitation" as the intentional misuse of funds or assets through undue influence (excluding good-faith financial assistance) and prohibits defenses based solely on a legal relationship (e.g., being a guardian or attorney). Courts can issue protective orders, freeze assets, award increased damages, and impose stricter criminal penalties for violations - especially for repeat offenses or losses of $1,000+ - without requiring proof of criminal intent.

Bill status passed 3 of 5 stages cleared

Introduction

Feb 2026

Committee Review

Feb 2026

House of Delegates Passage

Feb 2026

Senate Passage

Governor

Introduced Feb 3, 2026 Last action Feb 24, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

Engrossed Committee Substitute → hb5105 hfat akers 2-23 adopted.htm · 2 edits

MINOR

The bill text was amended to add a new title and a specific amendment motion by Delegate Akers. The core legislative text regarding financial exploitation penalties, definitions, and reporting requirements remains unchanged, though the new title explicitly clarifies that the bill also establishes a cause of action and defines terms.

Scope change

The scope of the bill's description was expanded in the title to explicitly include the establishment of a cause of action, definition of terms, and restriction of defenses, which were previously implied but not listed in the title.

TECHNICAL

Added a new title and a specific amendment motion by Delegate Akers to the document header.

The new title was inserted to provide a more detailed summary of the bill's provisions, including the establishment of a cause of action and definition of terms.

Floor votes · House of Delegates Feb 23, 2026

How they voted

94–0

Passed · 6 other

Total votes 100

Feb 23, 2026

D Democratic9

8 Yea 1

88% Yea

R Republican91

86 Yea 5

94% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 24, 2026

Committee

To Judiciary

upper

Feb 24, 2026

Introduced

Introduced in Senate

upper

Feb 23, 2026

Lower · Passed

Title amendment adopted (Voice vote)

lower

Feb 23, 2026

Lower · Passed

Passed House (Roll No. 163)

lower

Feb 18, 2026

Lower · Passed

By substitute, do pass

lower

Feb 13, 2026

Committee

To House Judiciary

lower

Feb 12, 2026

Committee

To House Courts

lower

Feb 3, 2026

Committee

To House Judiciary

lower

Feb 3, 2026

Introduced

Introduced in House

lower

Feb 3, 2026

Committee

To Judiciary

lower

1 primary · 7 co-sponsors