Criminal Justice

HB 4893 increases penalties for contempt of court in West Virginia magistrate courts. It raises maximum fines for contempt: from $50 to $200 for a first offense, $100 to $500 for a second offense, and $100 to $1,000 (or up to 10 days in jail) for a third or subsequent offense related to the same matter. The bill applies directly to individuals disrupting court proceedings, including witnesses, jurors, parties, or officers who commit contempt. These changes take effect for offenses occurring after the bill's passage, with appeals still allowed to circuit court as in criminal cases.

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.