Criminal Justice

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 4656 modifies West Virginia's school attendance laws by ending the compulsory attendance requirement at age 18 (previously 17), meaning 18-year-olds no longer face penalties for chronic absenteeism. It replaces "truancy" with "chronic absenteeism," removes criminal penalties for 18-year-olds, and requires schools to notify them directly about unexcused absences - same as parents. The bill establishes new referral pathways to human services for wrap-around support, shifts handling of chronic absenteeism to juvenile welfare (not criminal) proceedings, and defines key terms like "student support specialist." It directly affects students aged 17-18, school staff, and county human services departments.

This bill gives the West Virginia Secretary of State the authority to refer suspected election law violations to county prosecuting attorneys for investigation. When the Secretary of State identifies potential election fraud or irregularities, the county prosecutor must forward the matter to the West Virginia Prosecuting Attorneys Institute, which then appoints a special prosecutor to review the allegations. The special prosecutor must provide written updates to the Secretary of State within 60 days and every 60 days thereafter until a decision is made about whether to pursue criminal charges. The appointed special prosecutor serves without additional pay beyond reimbursement for travel and related expenses, and county commissions cover these allowable costs.

HB 5341 creates a public registry of domestic violence offenders in West Virginia, maintained by the State Police and accessible online. Individuals convicted of domestic violence against an intimate partner (with at least one prior conviction) or of sexual assault, abuse, or causing serious bodily injury must register and pay a $150 fee, with $50 funding family court services and $100 supporting domestic violence legal aid. The registry includes basic identifying details like name, date of birth, and conviction dates but excludes sensitive information such as addresses or Social Security numbers. Removal from the registry occurs after 5 years for one prior conviction, 10 years for two prior convictions or severe offenses, or for life with three or more prior convictions, applying to offenses occurring on or after July 1, 2026.

HB 4098 amends West Virginia law to restore jury service eligibility for individuals with expunged felony convictions. It specifically updates the disqualification rule (§52-1-8(b)(6)) to clarify that people whose felony convictions have been legally expunged are no longer disqualified from serving on juries, provided they meet other standard requirements like citizenship and residency. This directly affects West Virginians who have completed the expungement process for felony offenses, allowing them to serve on juries without restriction. The change removes a barrier to civic participation for this group while maintaining existing disqualification criteria for unexpunged convictions.

This bill clarifies and expands cooperation between law enforcement agencies within West Virginia and with agencies in neighboring states. It defines key terms such as "criminal justice enforcement personnel" and "law-enforcement agency" to establish who can participate in joint efforts. The legislation allows agency heads to request temporary assistance for investigations, including sharing personnel, equipment, and technical resources, with written requests required except in emergencies involving immediate danger to life. Personnel assigned to other agencies retain their original benefits and jurisdiction while operating under the operational command of the host agency's leadership. Agreements must be filed with local circuit clerks to remain in effect.