HB 5496 would create a new felony offense of "child torture" in West Virginia law, targeting individuals aged 16 or older who subject children to specific severe acts. The bill defines "torture" to include 12 concrete acts like breaking limbs, inflicting prolonged pain, depriving food/water, sexual abuse, or terrorizing a child to cause significant harm. If bodily injury occurs, offenders face 10-25 years in prison with no parole before 10 years served; if no injury occurs, sentences are 10-20 years with no parole before 8 years served. This bill directly affects perpetrators of severe child abuse and would establish new criminal penalties for these specific acts under West Virginia Code §61-8D-11.
SB 883 clarifies that West Virginia courts must use a "preponderance of the evidence" standard (meaning it is more likely than not true) for final hearings that could revoke probation or parole. It directly affects individuals on probation or parole who face revocation hearings for violating conditions. The bill specifies that for serious violations like absconding, new crimes, or violating protective conditions, courts may revoke probation and impose sentence, while minor violations may result in short confinement (up to 60 or 120 days) for first or second offenses. This change formally codifies the existing standard for these hearings without altering penalties or procedures.
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.
SB 137 increases the minimum time inmates must serve before becoming eligible for parole for second-degree murder and voluntary manslaughter convictions in West Virginia. Specifically, it raises the parole eligibility minimum from 10 years to 15 years for second-degree murder (under §61-2-3) and from 3 years to 5 years for voluntary manslaughter (under §61-2-4). The bill also increases the minimum period for parole eligibility for those sentenced to life imprisonment. These changes directly affect individuals convicted of these specific violent crimes, requiring them to serve longer sentences before parole consideration.
SB 205 increases prison terms for second-degree murder (to 15-60 years) and voluntary manslaughter (to 5-25 years) in West Virginia. It also raises the minimum time served before parole eligibility to 15 years for second-degree murder and 5 years for voluntary manslaughter. The bill directly affects individuals convicted of these specific violent crimes, requiring longer sentences before parole consideration. These changes amend existing sentencing statutes without altering parole eligibility for other offenses.
HB 4761 modifies parole eligibility for individuals convicted of murder or attempted murder in West Virginia. It increases the minimum time inmates must serve before becoming parole-eligible: 20 years for second-degree murder (up from 10), and 10-40 years for attempted first-degree murder (up from 3-15) or 5-20 years for attempted second-degree murder (up from 1-3). The bill also adds provisions allowing prosecutors and victims' families to attend parole hearings remotely or in person. These changes directly affect inmates serving sentences for these specific violent offenses. The bill does not alter sentence lengths but restricts early release opportunities for these crimes.
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.
SB 195 would increase the minimum prison sentence for second-degree murder in West Virginia from 10 years to 15 years. It also requires individuals convicted under this law to serve at least 15 years before becoming eligible for parole, or the longer period specified in another law (§62-12-13), whichever applies. This bill directly affects people convicted of second-degree murder in West Virginia, changing their mandatory minimum sentence and parole eligibility. The key provision raises the minimum term and modifies parole rules without altering the maximum 40-year sentence. The bill is currently in the Senate Judiciary Committee after being introduced on January 14, 2026.
This bill changes the parole rules for individuals convicted of first-degree murder who receive a life sentence with parole eligibility ("life with mercy"). It requires them to serve a minimum of 30 years in prison before becoming eligible for parole. The law directly affects those sentenced under West Virginia Code §61-2-2 for first-degree murder, specifically altering their parole timeline. This policy change eliminates early parole consideration for these offenders, mandating a 30-year minimum term before parole review.
HB 4661 would allow the death penalty for individuals convicted of intentionally killing a law enforcement officer or first responder (including firefighters, EMTs, and correctional staff) while they are performing their duties. The bill amends West Virginia's murder sentencing code to add this scenario as an aggravating circumstance requiring physical evidence like DNA or a confession, rather than circumstantial proof. If this aggravating circumstance is proven beyond reasonable doubt and no mitigating factors outweigh it, a jury may impose the death penalty; otherwise, the sentence is life without parole. This directly affects defendants convicted of first-degree murder in these specific cases.
