This bill creates a new felony offense for indecent exposure committed in front of minors and requires individuals convicted of this crime to register as sex offenders. The legislation defines indecent exposure as exposing one's nude penis, vagina, or anus and includes undressing in opposite-sex locker rooms as a violation while removing exemptions for breastfeeding. Penalties increase with repeat offenses, and the new crime counts as a qualifying offense for recidivist sentencing enhancements. The bill also clarifies that registration requirements apply retroactively to past convictions involving these offenses.
This bill creates a truancy pre-trial diversion program in West Virginia that allows parents, guardians, and custodians of truant children to avoid criminal conviction if they address the truancy and its underlying causes. It amends existing laws to delay sentencing for parents and guardians involved in truancy cases, giving them additional time to resolve attendance issues and access support services. The legislation also permits judges to require the Department of Human Services to provide home-based family preservation services for families facing truancy charges. Additionally, the bill removes criminal penalties for students who have reached the age of majority, focusing instead on requiring school attendance without jail time.
SB 1068 would permit the death penalty for first-degree murder of a minor aged 16 or younger, or for first-degree sexual assault of a minor aged 16 or younger. It establishes that a minor victim under 16 is an aggravating circumstance requiring physical evidence (like DNA or an uncoerced confession) to trigger the death penalty. The bill adds new sentencing procedures, including a separate jury hearing to determine if the death penalty applies, with unanimous jury agreement required for a death sentence. This would directly affect defendants convicted of these specific crimes against minors in West Virginia. The bill repeals existing provisions (§61-11-2) related to capital punishment for such offenses.
HB 5436 amends West Virginia law to classify police canines as "law enforcement officers" when actively working with human officers, directly affecting police departments and canine units. The bill specifies that officers defending a canine during duty may use the same level of force as they would to protect a human officer. It clarifies that canines are not state employees and do not receive personnel protections, but their protection during service is treated as equivalent to protecting a human officer. This is a definitional change, not a new penalty, with no specific sentencing details provided in the text.
SB 920, titled "Koda’s Law," mandates a life prison sentence without parole for anyone convicted of first-degree murder involving a minor victim (under 18) when a firearm is used. This bill directly affects defendants found guilty of this specific offense in West Virginia, replacing standard sentencing options with a mandatory life term. The key provision adds §61-2-2a to the state code, making life without parole the sole penalty for these crimes. The bill does not change murder definitions but requires automatic life sentences in these cases, removing judicial discretion for this subset of offenses.
SB 1037 would allow the death penalty for first-degree murder committed during a sexual abuse conviction (in the first degree) when the victim is under 12 years old and the defendant is over 18. The bill requires prosecutors to notify the court and defendant within 45 days of arraignment if seeking the death penalty, including the specific reasons they will argue for it. It also establishes procedures for jury selection, sentencing, and automatic review of death penalty cases by the West Virginia Supreme Court of Appeals. The bill repeals West Virginia’s existing ban on the death penalty to permit this specific application.
HB 5493 would require West Virginia courts to offer convicted sex offenders (specifically those found guilty of crimes against minors under §61-8-12 or related statutes) a choice between hormone treatment (medroxyprogesterone acetate or MPA) or surgical castration as an additional penalty, alongside standard sentencing. Courts must first confirm a defendant's medical suitability for MPA treatment through a court-appointed expert, and the treatment duration is specified in the sentence. Refusing MPA treatment after sentencing could result in a 1-5 year prison term. The bill also mandates a prerelease risk assessment for these offenders before their release from prison.
HB 5674, titled "Prohibiting civil rights violations based on disability, gender identity or sexual orientation," makes it a felony to commit violence or intimidation against someone because of their disability, gender identity, or sexual orientation. It establishes criminal penalties of up to $5,000 fines or 10 years in prison for such bias-motivated acts, while requiring judges to consider alternative sentencing like community corrections. The bill explicitly excludes protected speech or labor union activities from being used as evidence in prosecutions, and prohibits using constitutionally protected associations as grounds for conviction unless directly tied to the crime. This law directly affects individuals targeted by bias-based violence, those committing such acts, and the criminal justice system through revised sentencing guidelines.
SB 783 proposes that defendants convicted of sexual battery (or attempted sexual battery) causing injury to the sexual organs of a child under 12 years old face a mandatory death penalty or life imprisonment without parole. The bill requires a separate sentencing hearing after conviction, where a jury must unanimously find at least two aggravating factors to consider the death penalty. If eight or more jurors recommend death, the court must impose it; otherwise, life without parole is required. This bill directly affects individuals convicted of this specific child sexual abuse offense in West Virginia.
SB 1016, the "Second Look Sentencing Act," allows West Virginia judges to reconsider prison sentences of 10+ years for individuals who committed offenses before age 25 and have served at least 10 years. The bill requires courts to evaluate factors like rehabilitation efforts, maturity, victim input, and the defendant's age at the time of the crime before reducing a sentence. If approved, sentences may be reduced to time served or modified with up to five years of supervised release, while ensuring defendants have a right to a hearing with appointed counsel. The law specifically targets young offenders whose circumstances may have changed significantly after a decade in prison, aiming to balance public safety with opportunities for reintegration.
