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 5413 creates a Central Abuse Registry managed by the West Virginia State Police to track individuals convicted of abuse, neglect, or misappropriation of property involving children, incapacitated adults, or adults receiving behavioral health services in specific settings like residential care facilities, day care centers, or home care. It requires registrants to provide personal details (name, DOB, SSN) and pay an annual $125 fee to the circuit clerk, with fees funding mental health services for State Police employees. The registry combines existing requirements, so those already registering as sex offenders only pay one $125 fee instead of separate fees. Failure to pay the fee does not violate supervised release, but unpaid fees may result in a recorded judgment lien.

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.