This bill directs the West Virginia Legislature to allocate surplus state funds to the Department of Homeland Security for fiscal year 2026. The appropriation specifically supports the Division of Corrections and Rehabilitation within the department, funding information technology services and special services for correctional units. The legislation uses existing unappropriated surplus money from the State Fund's General Revenue rather than creating new revenue sources. This action increases the available budget for these specific correctional facility operations during the fiscal year ending June 30, 2026.
HB 4755 adds "aggravated vehicular homicide" (defined in §17C-5-1(c)) to West Virginia's list of offenses that trigger enhanced sentencing for repeat offenders. This change directly affects individuals convicted of aggravated vehicular homicide who have prior qualifying offenses under the state's recidivism laws. The bill amends Section 61-11-18 of the West Virginia Code to include this offense, meaning a second or third conviction for this crime could result in harsher penalties if the offender has previous serious convictions. The law focuses on increasing penalties for repeat offenders in cases involving severe DUI-related fatalities.
HB 5101, the Joanna Phillips Domestic Violence Prevention Act, increases penalties for specific domestic violence offenses in West Virginia. It raises the minimum prison sentence for strangulation, suffocation, or asphyxiation of a family or household member (causing injury or loss of consciousness) from one year to two years, and for repeat offenders from one year to three years. For second offenses of domestic battery or assault, the bill sets a minimum jail term of 60 days and increases the maximum fine from $500 to $4,000. The bill also alters bail requirements for domestic violence cases to enhance victim safety protections.
HB 4712, known as "Baylea's Law," increases criminal penalties for drivers convicted of DUI that causes death or injury in West Virginia. It raises prison sentences to 3-30 years for DUI causing death (up from prior limits), 2-10 years for serious bodily injury, and up to 1 year for lesser bodily injury. The bill also mandates license revocation for 10 years (or permanently) for DUI causing death, 5 years for serious injury, and 2 years for minor injuries, with options to reinstate through a "test and lock program." This law directly affects drivers convicted of DUI-related offenses resulting in harm to others, including minors or fetuses as defined by the law.
HB 4999 expands legal protections for both athletic officials (like referees) and participants (players) in West Virginia by making assault or battery against them a misdemeanor. It increases penalties: assault fines of $250-$500 with up to six months in jail, and battery fines of $500-$1,000 with up to one year in jail. The bill also allows school boards to ban convicted offenders from all school sports events for at least one year, with violating this ban treated as trespassing. However, it explicitly exempts normal sports actions - such as hard fouls within game rules - from prosecution.
HB 4990 creates new criminal offenses related to gift card fraud in West Virginia. It makes it a crime to steal, tamper with, or fraudulently obtain gift cards or their redemption information (defined as unique access codes), and to use stolen gift cards for purchases. Specifically, using stolen gift cards for $1,000+ in value over six months escalates the offense to grand theft. The bill directly affects individuals committing gift card fraud, while protecting cardholders, issuers, and sellers. It provides clear definitions for terms like "closed-loop gift card" (e.g., store-specific) and "gift card redemption information" to clarify the scope of the law.
HB 4996 requires courts to impose mandatory bail conditions for defendants charged with terroristic threats against schools or child-focused facilities (like preschools or daycares). It prohibits defendants from residing within 1,000 feet of the threatened facility or any similar educational location where children are regularly present. Additional conditions may include GPS monitoring to enforce exclusion zones, no contact with students/staff, or home incarceration outside the restricted area. Violations trigger immediate arrest, bail forfeiture, or custody remand, with courts using GIS or property records to measure proximity. The bill directly affects individuals facing charges under §61-6-24(b) related to school threats.
HB 4415 amends West Virginia law to explicitly include federal correctional facilities in existing statutes prohibiting the smuggling of prohibited items into correctional settings. The bill makes it a misdemeanor to deliver items like food, clothing, or money without permission (fines up to $500, jail up to 12 months) and a felony to transport weapons, drugs, escape tools, or telecommunications devices (fines $1,000-$5,000, prison 1-10 years). It directly affects individuals attempting to smuggle contraband into federal prisons located within West Virginia, such as visitors, family members, or others delivering unauthorized items. The law updates prior penalties for smuggling into state facilities to apply uniformly to federal correctional institutions.
SB 848 is a supplemental appropriation bill that allocates $84,600 from an unappropriated surplus balance in the State Fund, General Revenue, to cover inmate medical expenses for the Division of Corrections and Rehabilitation under the Department of Homeland Security during fiscal year 2026. This funding specifically targets Correctional Units within the Division and uses existing surplus funds identified in the Governor’s budget document. The bill does not create new programs or alter policies but directs available resources to address medical costs for inmates. It is a routine budget adjustment, not a policy change, to ensure necessary healthcare funding for correctional facilities.
This bill adds $17.6 million in funding to West Virginia's Public Defender Services (fund 0226) for fiscal year 2026. It allocates $2.6 million for "Public Defender Corporations" and $15 million for "Appointed Counsel Fees" using existing unappropriated surplus funds from the State Fund. The funding directly supports public defenders who represent indigent defendants in criminal cases, ensuring legal services for individuals who cannot afford private attorneys. The bill makes no new policy changes but redirects existing surplus state funds to this specific program.
