West Virginia Senate Bill 4 creates a new law requiring people to stay at least 30 feet away from first responders (including police, firefighters, probation officers, and emergency medical personnel) while they are lawfully performing duties. It makes it a misdemeanor to knowingly approach within 30 feet after being verbally warned, if the action impedes their work, threatens them, or harasses them (defined as causing substantial emotional distress without legitimate purpose). Violators face fines of $50-$500, up to one year in jail, or both. The bill directly affects individuals near emergency scenes and aims to protect responders from interference. It amends West Virginia Code §61-5-30.
SB 705 creates a new criminal offense called "theft by conversion" in West Virginia, targeting individuals who unlawfully use funds or property they were entrusted with under an agreement. It directly affects people handling others' assets (like rental companies, contractors, or anyone with a legal obligation to manage property), such as leased equipment or payments. The bill sets penalties: misdemeanors for amounts under $2,500 (up to 1 year in jail or $1,000 fine), and felonies for $2,500 or more (1-10 years in prison or fines up to $2,500). It requires courts to order restitution to victims and specifies where cases can be prosecuted (e.g., defendant’s, victim’s, or property location county). The law applies to property valued over $100, excluding late fees.
SB 963 requires courts to hold a full adversarial hearing with the respondent present and represented by counsel before issuing a protective order that prohibits firearm possession in domestic violence cases. It mandates that such restrictions can only be imposed if the court finds clear and convincing evidence of an immediate danger (e.g., documented threats or sworn testimony), not as punishment. The bill also requires automatic appeals for respondents within 10 days if firearm restrictions are included in the order. This directly affects individuals facing domestic violence protective orders in West Virginia, changing the process for firearm-related restrictions. The law aims to balance safety concerns with due process by setting higher evidentiary standards before restricting gun access.
HB 4997 prohibits individuals convicted of terroristic threats involving schools or children (under §61-6-24(b)) from residing within 1,000 feet of any educational facility, including public/private schools, preschools, or daycares where children are regularly present. This residency restriction applies automatically during probation or parole, or as a sentencing condition if no supervision is ordered. Violations are classified as felonies punishable by 1-5 years in prison, up to $10,000 in fines, or both, and may lead to revocation of probation. The bill uses GIS or property records to measure proximity and aligns with existing sex offender residency rules under §62-12-26.
HB 4466 expands West Virginia's public intoxication law to include impairment from narcotics. It amends §60-6-9 to define "intoxicated" as covering impairment from controlled substances (narcotics), not just alcohol, when appearing in public. This makes it a misdemeanor for individuals to be publicly impaired by narcotics, punishable by fines ($5-$100) or mandatory education programs for first offenses. The law directly affects people appearing in public while impaired by narcotics, with penalties increasing for repeat violations. The change clarifies enforcement standards for law enforcement and judicial officers.
HB 4695 doubles criminal penalties for specific offenses against minors in West Virginia. It increases maximum prison terms and fines for sexual assault in the third degree (from 5 to 10 years/ $10,000 to $20,000), sexual abuse in the third degree (from 3 to 5 years/ $500 to $1,000), child neglect resulting in death (from 15 to 40 years/ $5,000 to $10,000), and sexual abuse by parents/guardians (from 20 to 40 years/ $5,000 to $10,000). The bill directly affects individuals convicted of these crimes against minors under 16 years old or in positions of trust over children. These changes amend sections §61-8B-5, §61-8B-9, §61-8D-4a, and §61-8D-5 of West Virginia law.
HB 4468 seeks to repeal Section 61-8B-19 of the West Virginia Code, which currently sets rules for keeping court files and law-enforcement records confidential. This bill would remove the existing legal requirements governing how these records must be handled and protected. It directly affects West Virginia courts and law enforcement agencies, which currently follow these confidentiality rules. The bill does not propose new rules for confidentiality but would eliminate the current statutory framework.