SB 590 West Virginia Senate · 2026 Regular Session

Relating to exhibition of obscene material

Senate Bill 590 makes it a crime for performers to host adult cabaret shows - defined as performances featuring topless, go-go, exotic, or stripper dancers that appeal to prurient interest - where minors could view them, whether on public property or in accessible locations. Violating this law carries penalties: a first offense is a misdemeanor, while repeat offenses become felonies punishable by up to $25,000 fines, five years in prison, or both. The bill explicitly overrides any existing local ordinances about such performances. It directly affects venues and performers hosting these shows in public or viewable areas, ensuring uniform state-level enforcement.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House of Delegates Passage
Governor
Introduced Jan 23, 2026 Last action Mar 5, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version Committee Substitute · 3 edits
MINOR
The bill was revised from an Introduced Version to a Committee Substitute version, primarily updating the bill title and summary to better reflect its content. The substantive legal text of the new section §61-8A-2a remains largely the same, though the preemption clause was expanded to cover ordinances adopted after the effective date, and penalty language was reorganized into specific subsections for clarity.
Scope change
The scope of preemption was expanded to include ordinances, regulations, restrictions, or licenses lawfully adopted or issued by a political subdivision both prior to and after the effective date of the code section.
DEFINITION

The bill title and summary were updated to more accurately describe the bill's purpose, including exhibition of obscene material and preemption of local law.

ENFORCEMENT

The preemption provision was expanded to apply to local laws adopted both before and after the effective date of the code section, increasing the bill's preemptive reach.

TECHNICAL

Penalty language was restructured into separate subsections (d and e) to clearly distinguish between first offense misdemeanor penalties and second offense felony penalties.

Floor votes · Senate Mar 4, 2026

How they voted

302
Passed · 1 other
Total votes 33
Mar 4, 2026
D Democratic2
2 Nay
100% Nay
R Republican31
30 Yea 1
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
16
Key actions
2
Committee
4
Mar 5, 2026
Committee
To House Judiciary
lower
Mar 5, 2026
Committee
To Judiciary
lower
Mar 5, 2026
Introduced
Introduced in House
lower
Mar 4, 2026
Upper · Passed
Passed Senate (Roll No. 332)
upper
Mar 2, 2026
Upper · Passed
Committee substitute reported
upper
Jan 23, 2026
Introduced
Introduced in Senate
upper
Jan 23, 2026
Committee
To Judiciary
upper
1 primary · 1 co-sponsor

Sponsors