Senate Bill 140 would increase penalties for voluntary manslaughter in West Virginia by raising the minimum prison sentence from 3 years to 5 years and the maximum from 15 years to 25 years. It also changes parole eligibility requirements, requiring convicted individuals to serve at least 5 years before becoming eligible for parole (previously 3 years). This bill directly affects people convicted of voluntary manslaughter under West Virginia law, altering their sentencing range and parole timelines. The change applies to all future convictions under this statute.
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.
SB 105 (Restricting public access to crime records) allows certain individuals with pardoned or dismissed criminal charges to petition a court to limit public access to their records. Eligible individuals must have received a full pardon (with no recent non-traffic convictions or pending charges) or had charges dismissed/reduced to a local ordinance violation. The court can restrict access if it determines the harm to the person outweighs public interest, after a hearing and publication notice. Records remain accessible for sentencing, law enforcement, bar admissions, and other specific official uses, but are restricted for general public view. This bill does not apply to violent crimes, animal violence, or certain drug offenses involving violence.
This bill (SB 34) creates a mandatory 3-year prison sentence for anyone convicted of illegally possessing Schedule I or II controlled substances (excluding cannabis). It applies to possession offenses, with exceptions for people who were incidentally exposed to the substances or forced to possess them. First-time offenders may qualify for conditional discharge, and the bill specifies that cannabis possession is not covered by this new sentencing requirement. The law amends existing West Virginia drug statutes to enforce these penalties.
HB 4779 requires West Virginia parole boards to consider a sentencing judge's recommendation for a specific term of imprisonment when reviewing cases involving certain felony offenses. The bill applies to 44 designated crimes, including DUI causing death, drug trafficking near schools, sexual assault, murder, and child abuse. Under this law, judges may recommend a definite prison term during sentencing for these offenses, and parole boards must factor that recommendation into their decisions. This change modifies how parole considerations are handled for these specific cases but does not alter sentencing authority or penalties.
SB 55 creates a new felony offense for knowingly, willfully, and forcibly obstructing or hindering a home incarceration supervisor or social services worker while they are lawfully performing their duties, if the obstruction causes the death of that professional. It directly affects individuals who obstruct these workers and the workers themselves, who are protected under this law. The key provision sets a mandatory minimum 20-year prison sentence (with no parole eligibility before 20 years) for this offense, replacing a prior 15-year term. This law expands existing protections for public safety personnel to include home incarceration supervisors and social services workers handling cases like abuse investigations or home-based supervision.
