HB 5400 increases criminal penalties for child neglect resulting in death in West Virginia. It raises the minimum prison sentence from 3 to 10 years for offenders convicted of causing a child's death through neglect when both a fine and imprisonment are imposed. The bill also clarifies that religious healing methods meeting IRS criteria for medical expenses do not count as neglect (but this exception does not apply to professionals like teachers or doctors responsible for a child's health). Additionally, it specifies that interfering with court-ordered medical treatment is considered neglect under this law. The bill directly affects parents, guardians, custodians, and others in positions of trust responsible for a child's well-being.
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.
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.
HB 4893 increases penalties for contempt of court in West Virginia magistrate courts. It raises maximum fines for contempt: from $50 to $200 for a first offense, $100 to $500 for a second offense, and $100 to $1,000 (or up to 10 days in jail) for a third or subsequent offense related to the same matter. The bill applies directly to individuals disrupting court proceedings, including witnesses, jurors, parties, or officers who commit contempt. These changes take effect for offenses occurring after the bill's passage, with appeals still allowed to circuit court as in criminal cases.
This bill, formally titled the Patrolman Cassie Marie Johnson Memorial Act, amends West Virginia's murder sentencing laws to require the death penalty for first-degree murder when specific aggravating circumstances exist - particularly if the victim was a law enforcement officer killed in the line of duty. It establishes new procedures for jury sentencing, including requiring unanimous jury decisions on death penalty imposition based on specified aggravating factors (like killing an officer) and mitigating circumstances. The bill also mandates lethal injection as the execution method, requires automatic Supreme Court review of death sentences, and specifies protocols for handling death penalty cases, such as forensic DNA testing and transfer to correctional facilities. The memorial name honors Patrolman Cassie Marie Johnson but does not alter the bill's substantive legal provisions.
HB 4845 (West Virginia) creates new state-level criminal offenses for "illegal entry into the state" and "illegal reentry," directly affecting individuals entering West Virginia without legal authorization. Key provisions establish penalties for these offenses, prohibit probation or parole for convictions, require the Criminal Identification Bureau to maintain records of such entries, and grant immunity to officials enforcing these provisions. The bill also mandates court procedures for deportation orders and ensures prosecution continues regardless of federal immigration status. It does not address border security but defines state-level criminal liability for unauthorized entry.
HB 4468 seeks to repeal Section 61-8B-19 of the West Virginia Code, which currently sets rules for keeping court files and law-enforcement records confidential. This bill would remove the existing legal requirements governing how these records must be handled and protected. It directly affects West Virginia courts and law enforcement agencies, which currently follow these confidentiality rules. The bill does not propose new rules for confidentiality but would eliminate the current statutory framework.
Senate Bill 36 makes syringe exchange programs illegal in West Virginia, prohibiting any program where individuals can access sterile needles without a prescription. It requires all existing syringe exchange programs to cease operations by the bill's effective date, with a 120-day transition period allowed only for referrals to treatment - no syringes may be exchanged during this time. Harm reduction services like overdose prevention education, wound care, and opioid antagonist distribution remain permitted, provided they do not include syringe exchanges. Violators face civil penalties of up to $2,500 per day, and the state health office can seek court orders to enforce the law.
HB 4528 would require that juveniles accused of assaulting law enforcement officers, reserve deputies, court security officers, or first responders be held in custody without being released to parents or guardians. This change means that for these specific offenses, juveniles cannot be released even if other conditions for release (like no immediate danger) would otherwise apply. The bill does not alter the existing requirement for a detention hearing within 24 hours. It directly affects juveniles charged with assaulting these public safety personnel in West Virginia.
