Criminal Justice (Domestic Violence)

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 4974 amends West Virginia law to clarify and expand the categories of people prohibited from legally owning or carrying firearms. It directly affects individuals with certain felony convictions (especially violent or drug-related offenses), those found mentally incompetent or involuntarily committed, unlawful drug users, people subject to specific domestic violence protective orders (requiring findings of credible threat or explicit force prohibitions), and others with disqualifying legal histories. The bill specifies penalties: misdemeanor fines/jail time for first-time violations of prohibitions, and felony charges with longer prison terms for repeat offenses or violations by those prohibited under stricter categories. It also maintains the process for eligible individuals to petition courts to restore firearm rights after meeting strict criteria.