SB 440 West Virginia Senate · 2026 Regular Session

Increasing penalty for transporting telecommunication devices into jails

This bill amends West Virginia law to specifically prohibit transporting telecommunications devices (like cell phones) into correctional facilities, including federal prisons. It increases penalties for delivering such devices to inmates or unauthorizedly bringing them onto facility grounds, with felony charges carrying fines up to $5,000 or up to 10 years in prison, and misdemeanor charges for lesser violations. The law directly affects visitors, family members, staff, or others attempting to bring devices into jails or prisons without authorization. It expands existing restrictions by explicitly naming telecommunications devices and updating their definition within the legal framework.

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Mar 2026

Senate Passage

Feb 2026

House of Delegates Passage

Governor

Introduced Jan 16, 2026 Last action Mar 11, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → Committee Substitute · 5 edits

MODERATE

This bill was amended to expand its scope from only state correctional facilities to include federal correctional institutions. The changes add federal facilities to all sections of the law, update definitions of prohibited items to include modern technology like satellite phones and tablets, and clarify penalties for aiding escape or contraband delivery. These modifications strengthen security measures across all correctional facilities in West Virginia.

Scope change

The bill now applies to federal correctional facilities in addition to state facilities, expanding the geographic and institutional scope of the law.

SCOPE

Added 'federal correctional facility' to all sections, extending the law's applicability beyond state facilities to include federal institutions.

DEFINITION

Updated the definition of 'telecommunication device' to include satellite phones, tablet computers, computers, smart devices, and internet communications capabilities.

Updated chapter reference from 'chapter sixty-a' to 'chapter 60A' for consistency with current code formatting.

REQUIREMENT

Added language requiring prior approval from facility administrators for transporting telecommunications devices into areas not generally accessible to the public.

ENFORCEMENT

Modified penalty language in several subsections to clarify sentencing ranges and add 'causes to be transported/delivered' language to cover indirect delivery methods.

Floor votes · Senate Feb 9, 2026

How they voted

33–0

Passed

Total votes 33

Feb 9, 2026

D Democratic2

2 Yea

100% Yea

R Republican31

31 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 10, 2026

Lower · Passed

Do pass

lower

Feb 10, 2026

Committee

To House Judiciary

lower

Feb 10, 2026

Committee

To Judiciary

lower

Feb 10, 2026

Introduced

Introduced in House

lower

Feb 9, 2026

Upper · Passed

Passed Senate (Roll No. 53)

upper

Feb 3, 2026

Upper · Passed

Committee substitute reported

upper

Jan 16, 2026

Introduced

Introduced in Senate

upper

Jan 16, 2026

Committee

To Judiciary

upper

1 primary · 4 co-sponsors