SB 1068 would permit the death penalty for first-degree murder of a minor aged 16 or younger, or for first-degree sexual assault of a minor aged 16 or younger. It establishes that a minor victim under 16 is an aggravating circumstance requiring physical evidence (like DNA or an uncoerced confession) to trigger the death penalty. The bill adds new sentencing procedures, including a separate jury hearing to determine if the death penalty applies, with unanimous jury agreement required for a death sentence. This would directly affect defendants convicted of these specific crimes against minors in West Virginia. The bill repeals existing provisions (§61-11-2) related to capital punishment for such offenses.
HB 5488 creates a new criminal offense in West Virginia for recklessly harming or interfering with service animals. It directly affects service animal handlers (including people with disabilities who rely on service animals) and anyone who harms these animals while they are assisting a person with a disability or when the offender knows the animal is a service animal. The bill prohibits actions like taunting, throwing objects, or obstructing a service animal’s work, with penalties including up to one year in jail, a $500 fine, or both. It also requires offenders to pay full restitution for damages, such as the animal’s value, replacement costs, veterinary bills, and lost wages for the handler. The bill is currently pending before the House Judiciary Committee after being introduced on February 13, 2026.
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 5246, the Safe Play Act, increases penalties for assaulting or battering athletic officials during sports events. The bill raises fines for assault to $500-$1,000 and for battery to $1,000-$3,000, replacing lower current penalties. It defines "athletic official" broadly to include umpires, referees, and coaches who enforce rules or supervise participants. This law directly affects offenders convicted of such acts, aiming to protect officials at sporting events.
HB 5020 prohibits individuals on the state sex offender registry, convicted of sexual assault, or convicted of juvenile abuse from entering public school property or attending school events. It directly affects these individuals and requires schools to hold parent-teacher conferences with them via phone or virtual meeting instead of on-site. Violating this ban is a misdemeanor for a first offense (up to six months in jail) and a felony for repeat offenses (one to five years in prison). The bill also allows the State Board of Education to create implementing rules.
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 5368 would create a public registry for West Virginia domestic violence offenders with at least two qualifying convictions. It requires individuals convicted of two domestic violence offenses (such as domestic battery, assault, or strangulation against an intimate partner) to register with local state police, providing their name, address, and other identifying details. The registry would make this information publicly available to help community members protect themselves and their children, while the bill explicitly states it is for safety purposes, not punishment. The law applies retroactively to existing offenders and defines "domestic violence" under specific state statutes.
HB 5484 creates a new felony crime in West Virginia for conspiring to deny medical care to victims of sexual exploitation, assault, incest, or abuse. It directly affects individuals who work together (conspire) to block victims from accessing licensed medical treatment for injuries or conditions caused by these crimes. The bill establishes penalties of 5-10 years in prison, a $50,000 fine, or both for violations. This law specifically targets efforts to prevent victims from receiving necessary medical care following sexual offenses, without altering existing abortion laws.
Senate Bill 1046 increases the fine for first-degree sexual assault from $1,000-$10,000 to $10,000-$100,000. It specifically mandates life imprisonment and a $50,000-$250,000 fine for offenders aged 18 or older who commit sexual assault against victims under 12 years old. The bill also updates jury procedures to require explicit findings on life imprisonment eligibility in these cases. This legislation directly affects individuals convicted of first-degree sexual assault, particularly those involving child victims under 12.
HB 4414 amends West Virginia's Sex Offender Registration Act to clarify and update registration requirements for individuals convicted of specific sexual offenses. It directly affects people convicted under sections of the state code covering sexual assault, trafficking, and other related crimes, requiring them to register in person with detailed personal information including current address, employment, school details, internet accounts, and vehicle ownership. Key provisions specify that registrants must update information within 10 days of changes and clarify how those without permanent residence can comply by providing transient addresses. The bill removes outdated definitions and ensures consistent registration procedures across all cases, without creating new penalties or changing offense classifications.
