SB 864 West Virginia Senate · 2025 Regular Session

Clarifying inference of criminal intent in burglary prosecution

SB 864 clarifies that in burglary prosecutions under West Virginia law, a person unlawfully entering or remaining in a dwelling may be legally inferred to have intended to commit a crime against a person or property. The bill specifically amends Section 61-3-11 of the West Virginia Code to define this inference clearly, directly affecting prosecutors and courts handling burglary cases. It does not change penalties (1-15 years imprisonment) or expand who can be charged, but streamlines how intent is proven. The key change replaces vague language with explicit wording that unlawful entry alone can support an intent inference. This provides clearer guidance for judges and juries during burglary trials.
Bill status passed 3 of 5 stages cleared
Introduction
Mar 2025
Committee Review
Mar 2025
Senate Passage
Mar 2025
House of Delegates Passage
Governor
Introduced Mar 21, 2025 Last action Apr 9, 2025
Maddy AI version diff · 4 comparisons

What changed between versions

sb864 sfa weld _1 3-26 adopted.htm sb864 sfat weld _1 3-26 adopted.htm · 1 edit
MINOR
The bill title was expanded to clarify its purpose regarding burglary prosecutions and criminal intent inference. The amendment motion was changed from deleting a specific subsection to replacing the entire bill title with a new descriptive title.
TECHNICAL

The amendment motion was changed from striking out subsection (e) to replacing the bill title with a new title that clarifies the bill relates to crimes against property and burglary prosecutions.

Floor votes · Senate Mar 27, 2025

How they voted

320
Passed · 1 other
Total votes 33
Mar 27, 2025
D Democratic2
2 Yea
100% Yea
R Republican31
30 Yea 1
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
20
Key actions
4
Committee
4
Mar 27, 2025
Committee
To House Judiciary
lower
Mar 27, 2025
Committee
To Judiciary
lower
Mar 27, 2025
Introduced
Introduced in House
lower
Mar 27, 2025
Upper · Passed
Title amendment adopted
upper
Mar 27, 2025
Upper · Passed
Passed Senate (Roll No. 205)
upper
Mar 26, 2025
Upper · Passed
Floor amendment adopted (Voice vote)
upper
Mar 24, 2025
Upper · Passed
Committee substitute reported
upper
Mar 21, 2025
Introduced
Introduced in Senate
upper
Mar 21, 2025
Committee
To Judiciary
upper
1 primary · 5 co-sponsors

Sponsors