HB 5101: The Joanna Phillips Domestic Violence Prevention Act - West Virginia

hb5101 sfa garcia _1 3-13 adopted.htm → hb5101 sfat garcia _1 3-13 adopted.htm · 3 edits

MINOR

The bill title was updated to reflect a broader scope, explicitly mentioning new criminal penalties and bail restrictions. The amendment process was streamlined by removing a specific request to change the definition of 'felony offense' and replacing it with a comprehensive instruction to rewrite the entire bill title.

Scope change

The bill's scope was expanded to include provisions for creating and increasing criminal penalties and altering bail requirements for domestic violence acts, which were not explicitly detailed in the original amendment motion.

DEFINITION

The specific amendment motion to redefine 'felony offense' was removed and replaced with a directive to create a new, broader title for the bill.

ENFORCEMENT

The new title explicitly authorizes the creation of increased criminal penalties and stricter bail rules for defendants charged with felony crimes of violence.

TECHNICAL

The bill header text was changed from 'SFA' to 'SFAT', likely reflecting a procedural status update.

hb5101 hfat mcgeehan 3-14 adopted.htm → hb5101 sfa garcia _1 3-13 adopted.htm · 2 edits

MINOR

The bill's title was updated to reflect a new sponsor, Senator Garcia, and a revised date. The most significant policy change is the amendment to the bill text, which redefines the scope of 'felony offense' to specifically include felony crimes of violence against the person, thereby clarifying which acts trigger the bill's enhanced criminal penalties.

Scope change

The bill's scope was expanded by explicitly including specific sections of the code related to violence against persons in the definition of offenses subject to increased penalties.

DEFINITION

The definition of 'felony offense' was modified to explicitly include felony crimes of violence against the person, ensuring these specific acts are covered by the bill's penalties.

TECHNICAL

The bill's title and sponsor information were updated to reflect the new sponsor, Senator Garcia, and the latest amendment date.

hb5101 hfat akers 2-17 2 adopted.htm → hb5101 hfat mcgeehan 3-14 adopted.htm · 4 edits

MODERATE

The bill's title was amended to remove references to altering bail requirements and creating a strangulation crime, while adding a focus on clarifying the definition of 'domestic violence'. This change narrows the bill's scope from a broad set of domestic violence penalties and bail rules to a more specific legislative effort focused on defining terms and adjusting criminal penalties for certain acts.

Scope change

The bill's scope was narrowed by removing provisions related to bail requirements and strangulation crimes, shifting the focus primarily to clarifying definitions and adjusting penalties.

ENFORCEMENT

Provisions regarding altering bail requirements for domestic violence acts were removed from the bill's title.

The creation of a specific crime for strangulation of family or household members was removed from the bill's title.

DEFINITION

A specific focus on clarifying the definition of 'domestic violence' was added to the bill's title.

SCOPE

The list of code sections affected was updated to remove references to §62-1C-1a, indicating a reduction in the number of statutes being amended.

hb5101 hfa mcgeehan 3-14 _1 adopted.htm → hb5101 hfat akers 2-17 2 adopted.htm · 4 edits

MODERATE

The bill's sponsor was changed from Delegate McGeehan to Delegate Akers, and the amendment text was completely replaced. The original text proposed adding new crimes for strangulation and significantly increasing penalties for domestic violence, while the new text proposes a different set of amendments to the same sections with a focus on altering bail requirements and creating specific strangulation crimes.

Scope change

The scope of the proposed amendments shifted from a specific focus on strangulation and severe domestic violence penalties to a broader scope that includes altering bail requirements for domestic violence acts.

ENFORCEMENT

Removed a detailed proposal to create a new felony for strangulation and suffocation with specific sentencing guidelines.

Added a proposal to amend the bill to include changes to bail requirements for domestic violence acts.

REQUIREMENT

Removed a proposal to increase penalties for repeat domestic violence offenders and those committing domestic violence alongside other felonies.

TECHNICAL

Changed the bill sponsor from Delegate McGeehan to Delegate Akers and updated the bill version identifier.

hb5101 s jud amt adopted.htm → hb5101 hfa mcgeehan 3-14 _1 adopted.htm · 5 edits

MODERATE

The bill was amended to replace the original text with a new version that introduces specific definitions for strangulation, suffocation, and asphyxiation as distinct criminal acts. It also significantly increases penalties for domestic violence, raising maximum fines and minimum jail terms for repeat offenders and expanding the circumstances under which certain acts are treated as felonies.

Scope change

The bill's scope expanded to explicitly criminalize strangulation, suffocation, and asphyxiation as separate offenses, while tightening penalties for domestic violence and clarifying the definition of 'family or household member'.

DEFINITION

Added new definitions for 'strangle', 'suffocate', and 'asphyxiate' to clarify these specific violent acts.

REQUIREMENT

Increased penalties for domestic battery and assault, raising maximum fines from $500/$100 to $2,000/$500 and adjusting jail terms.

Raised penalties for repeat domestic violence offenders, increasing minimum jail time from 60 days to 60 days (unchanged) but raising fines from $1,000 to $4,000 for second offenses, and increasing felony sentencing ranges for third offenses.

Created a new felony charge for strangling, suffocating, or asphyxiating a family or household member or during the commission of other felonies.

ELIGIBILITY

Clarified that 'family or household member' is defined by a specific existing code section, ensuring consistent application across different crimes.

hb5101 s jud am _1 adopted.htm → hb5101 s jud amt adopted.htm · 3 edits

MINOR

The bill's title was updated to reflect a broader scope, now explicitly including clarifications on domestic violence definitions, increased criminal penalties, and specific bail alterations. The detailed text previously outlining specific pretrial release conditions and bail limits for misdemeanors was removed, likely to be replaced by new language in the amended sections.

Scope change

The bill's scope expanded to include clarifying domestic violence definitions and creating new criminal penalties, in addition to the existing focus on bail and release conditions.

TITLE

The bill title was changed to include new topics such as clarifying domestic violence definitions, increasing criminal penalties, and altering bail requirements for domestic violence acts.

REQUIREMENT

The detailed text specifying pretrial release conditions, residency considerations, and specific bail limits for misdemeanor offenses was removed from this amendment version.

SCOPE

The amendment now explicitly covers the creation and increase of criminal penalties for certain acts and clarifies the definition of domestic violence.

Committee Substitute → hb5101 s jud am _1 adopted.htm · 4 edits

MODERATE

The bill was amended to significantly expand pretrial release options for misdemeanor defendants by mandating release on their own recognizance for most minor offenses and establishing a structured list of conditions (such as electronic monitoring and home incarceration) that judges can impose to ensure safety and court appearance. It also clarifies bail limits for misdemeanors while allowing higher bail specifically for domestic violence cases involving protective order violations.

Scope change

The bill's scope expanded from general domestic violence definitions and penalties to include specific procedural rules for pretrial release applicable to all misdemeanor offenses, with special provisions for domestic violence.

REQUIREMENT

Added a new section requiring judicial officers to release most misdemeanor defendants on their own recognizance unless specific exceptions apply, such as charges involving violence, weapons, or minors.

Introduced a detailed list of permissible release conditions, including electronic monitoring, home incarceration, and employment requirements, to ensure public safety without unnecessary jail time.

Clarified that cash bail for misdemeanors cannot exceed three times the maximum fine, but courts are authorized to set higher bail amounts specifically in domestic violence cases where protective orders or bond conditions have been violated.

ENFORCEMENT

Mandated a hearing within five days for misdemeanor defendants who remain jailed due to inability to pay bail, forcing the court to consider alternative release conditions.

Enrolled Committee Substitute → Committee Substitute · 3 edits

MINOR

The bill was converted from an 'Enrolled Committee Substitute' to a 'Committee Substitute' version, which typically represents an earlier stage in the legislative process before final passage. The core text of the bill remains largely consistent, though the Committee Substitute version includes additional explanatory notes and formatting artifacts not present in the enrolled version. No substantive policy changes, such as new definitions, penalty adjustments, or scope expansions, were identified in this specific diff.

TECHNICAL

The document header was updated from 'Enrolled' to 'Committee Substitute', indicating a procedural status change rather than a policy change.

Navigation links, website footers, and explanatory notes were added to the text, likely reflecting the source webpage structure rather than legislative content.

Minor formatting inconsistencies and spacing differences were observed between the two versions, but the legal text of the statutes remains effectively identical.

Engrossed Committee Substitute → Enrolled Committee Substitute · 5 edits · Apr 1, 2026

MODERATE

The bill was finalized into its enrolled version, removing committee-specific headers and replacing the legislative history with official certification signatures. Substantively, the penalties for domestic violence were increased, and a new provision was added to prevent double jeopardy by prohibiting charges for strangulation under the same act as domestic battery.

Scope change

The bill's scope regarding the definition of 'family or household member' remains unchanged, as it continues to reference an external code section.

REQUIREMENT

Increased the maximum fine for domestic battery from $500 to $2,000.

Increased the maximum fine for domestic assault from $100 to $500.

Added a new subsection prohibiting prosecutors from charging a defendant with both strangulation and domestic battery for the same act.

Added a new subsection protecting law enforcement officers from civil or criminal liability for false arrest or unlawful detention when making arrests under this bill.

TECHNICAL

Removed committee substitute headers and replaced them with official enrollment certification signatures and dates.

Introduced Version → Engrossed Committee Substitute · 5 edits · Mar 14, 2026

MODERATE

The bill was streamlined to remove the definition of 'domestic violence' from the domestic relations chapter and consolidate all criminal penalties and bail requirements into the criminal code. This change clarifies that domestic violence is primarily a criminal matter rather than a civil family law issue, while simultaneously increasing penalties for strangulation and repeat offenses and tightening bail conditions for violent misdemeanors.

Scope change

The bill's scope shifted from a combined civil and criminal framework to a purely criminal framework, moving the definition of domestic violence into the criminal code to align with the penalties and bail procedures.

DEFINITION

The definition of 'domestic violence' was removed from the domestic relations chapter and is now only referenced within the criminal code sections.

REQUIREMENT

Penalties for strangulation, suffocation, and asphyxiation were increased from a maximum of five years to a maximum of ten years for family members or during other felonies.

Penalties for repeat domestic violence offenders were significantly increased, with third or subsequent offenses within ten years now carrying a maximum prison sentence of ten years (previously five) and a higher fine.

New provisions were added to prevent double jeopardy for domestic violence charges and to protect law enforcement officers from civil lawsuits regarding arrests made under these new rules.

ELIGIBILITY

Bail requirements for misdemeanor domestic violence were tightened, making it harder to be released on one's own recognizance and allowing for higher bail amounts if protective orders are violated.

The Joanna Phillips Domestic Violence Prevention Act

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