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.
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.
HB 4920, the "Second Amendment Preservation Act," declares federal regulations on intrastate firearm sales within West Virginia invalid, directly affecting West Virginia residents buying, selling, or transferring firearms, accessories, or ammunition within the state. It prohibits the ATF and other federal entities from enforcing rules that restrict these in-state transactions, stating such actions violate both the U.S. and West Virginia constitutions. The bill imposes civil penalties of $50,000 per violation for federal enforcement attempts and requires the West Virginia Attorney General to defend citizens prosecuted federally or sue federal agencies for violations. It also mandates state law enforcement to refuse enforcing federal gun regulations that infringe on Second Amendment rights.
HB 4519 requires full cash bail for individuals rearrested for violent or gun-related crimes while already out on bail for a previous violent or gun-related offense. It also mandates that if convicted of these subsequent crimes, sentences must run consecutively (one after another) rather than concurrently. This bill directly affects defendants charged with violent or gun-related offenses who are already on bail for similar crimes when re-arrested. The key provisions replace standard bail procedures with mandatory cash bail requirements for these specific re-arrests and alter sentencing structure for repeat offenses. The bill does not change general bail rules but targets repeat offenders in these categories.
SB 473 creates felony penalties for threatening to commit violent crimes using electronic devices (like texts, social media, or emails) when the threat causes a building evacuation, widespread fear, or serious disruption. It directly affects individuals who send such threats, making it a felony if the communication causes significant public alarm or evacuation. The law specifies that prosecutors must prove the threat was viewed as threatening by a reasonable person, and it prohibits defenses like claiming the threat wasn't "real." Penalties include fines up to $10,000 or prison terms of 1-10 years for these offenses.
