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.
This bill creates a Central Abuse Registry in West Virginia to track individuals convicted of crimes involving child abuse, neglect of incapacitated adults, abuse of adults receiving behavioral health services, and property misappropriation by those providing care services. It also adds specific sex offenses to the registration requirements and clarifies that people convicted of certain past offenses must remain on the registry. The legislation establishes a single annual fee of $125 for individuals required to register under both the abuse registry and sex offender registry, simplifying compliance by requiring only one payment. Funds collected from these fees will be used first to support mental health services for current and former state police employees before being applied to general state police operations.
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 5484 creates a new felony crime in West Virginia for conspiring to deny medical care to victims of sexual exploitation, assault, incest, or abuse. It directly affects individuals who work together (conspire) to block victims from accessing licensed medical treatment for injuries or conditions caused by these crimes. The bill establishes penalties of 5-10 years in prison, a $50,000 fine, or both for violations. This law specifically targets efforts to prevent victims from receiving necessary medical care following sexual offenses, without altering existing abortion laws.
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 4799 establishes a statewide cold case task force within the West Virginia State Police to investigate unsolved criminal cases. The task force, led by an executive board of the State Police Superintendent, police chiefs, and sheriffs' association presidents, will coordinate with other law enforcement agencies while respecting ongoing investigations. It creates a dedicated "cold case task force fund" for operations and requires the West Virginia Fusion Center to share relevant data from existing cold case databases. The bill focuses on structural mechanisms for investigation rather than new policy changes, directly affecting state and local law enforcement agencies collaborating on cold cases.
HB 4819 would change West Virginia's licensing rules for professions requiring state authorization. It prevents disqualification for most past criminal convictions unless the crime directly relates to the profession's duties and poses a clear public risk. Licensing agencies must now consider factors like the crime's nature, time passed since conviction, and evidence of rehabilitation (such as completed treatment or employment history) before denying a license. Applicants with past convictions can petition for reconsideration after five years without new offenses (excluding violent/sexual crimes), with agencies required to respond within 60 days. This affects all individuals seeking professional licenses in West Virginia, including fields like healthcare, education, or licensed trades.
HB 4433 amends West Virginia law to create new criminal offenses for human smuggling (transporting undocumented people to evade enforcement) and human trafficking (recruiting or moving people for forced labor or sexual exploitation). It specifically targets individuals who transport adults or minors for these purposes, defining key terms like "coercion" and "forced labor" to clarify illegal conduct. The bill establishes penalties for these crimes, allows asset forfeiture of property used in trafficking, and requires restitution for victims. It also includes an exemption permitting medical, mental health, and legal services for undocumented individuals without criminal liability.
This bill updates West Virginia laws to recognize military protective orders as valid evidence of domestic violence when seeking emergency protective orders from family courts. It defines a military protective order as one issued by a commanding officer in the U.S. Armed Forces, West Virginia National Guard, or another state's National Guard against someone under their command. The legislation requires law enforcement to notify relevant agencies of potential violations of these military orders and allows them to be used in petitions for temporary personal safety orders. These changes aim to improve how courts handle cases involving service members and their families by streamlining the process for obtaining protection orders.
