Criminal Justice (Domestic Violence)

HB 4543 requires individuals convicted of stalking or harassing minors to live at least 5,000 feet away from schools or daycares. This applies specifically to those with prior convictions under West Virginia's stalking and harassment laws (§61-2-9a), including those violating protective orders involving minors. The bill amends existing criminal penalties by adding this residency restriction as a condition of probation or post-release supervision. It directly affects individuals convicted of these offenses, imposing a geographic limitation on their housing options near educational facilities.

This bill changes West Virginia law for domestic violence protective orders by requiring a court hearing with the respondent present and represented by counsel before restricting firearms. It mandates that courts must find "clear and convincing evidence" of an immediate danger (via documented threats or sworn testimony), not just general allegations, and prohibits using firearm confiscation as punishment. Respondents would automatically receive a 10-day appeal of any firearm restriction in the protective order. The bill directly affects individuals subject to domestic violence protective orders who might face firearm restrictions.

HB 4051 amends West Virginia law to allow certain nonviolent offenders to possess firearms by removing specific convictions from the list of prohibited offenses. It clarifies that convictions for drug offenses under §60A-4-401-403 (not classified as violent crimes) no longer bar firearm rights, and individuals in recovery from substance use disorders for at least one year regain rights (excluding those in MAT treatment). The bill also reinforces that law enforcement cannot infringe on the right to bear arms under the Second Amendment and state constitution. It directly affects people previously barred due to nonviolent drug convictions or substance use disorder history. The change takes effect after the specified waiting periods or recovery periods, without altering restrictions for violent offenses or domestic violence convictions.