SB 54 West Virginia Senate · 2026 Regular Session

Establishing criminal penalties for abuse or neglect of incapacitated adults

SB 54 amends West Virginia law to establish clear criminal penalties for caregivers who abuse or neglect incapacitated adults. It directly affects caregivers (including facilities and individuals responsible for care) and incapacitated adults aged 18+ who cannot perform daily life activities due to age or disability. The bill creates tiered penalties: misdemeanors for basic neglect/abuse (fines up to $500 or 1 year jail), and felonies for severe harm (fines up to $5,000 and prison terms of 2-15 years), including removing the "malice" requirement for felony charges when death occurs. Key provisions define abuse, neglect, and "incapacitated adult," while explicitly excluding cases involving religious treatment choices or legally authorized medical decisions.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House of Delegates Passage
Mar 2026
Signed into Law
Jun 2026
Introduced Jan 14, 2026 Signed Jun 25, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

sb54 h jud am _1 adopted.htm sb54 hfat akers 3-13 adopted.htm · 5 edits
MODERATE
The bill was amended to replace a detailed, specific version of the law with a new title that outlines broader legislative intent. The original text, which defined specific crimes, penalties, and definitions for abuse and neglect, was removed. The new version focuses on expanding liability to include all persons (not just caregivers) and removing the requirement for 'malice' in felony charges, while the specific legal text for these changes has not yet been inserted into the document.
Scope change
The scope of the bill's intent expanded to include all individuals rather than just caregivers, and the legal standard for felony charges was shifted by removing the element of malice.
DEFINITION

Removed specific definitions for terms like 'abuse', 'neglect', 'gross neglect', and 'incapacitated adult'.

ENFORCEMENT

Removed specific misdemeanor and felony penalties, including fine amounts and jail or prison terms for various levels of abuse and neglect.

REQUIREMENT

Removed the specific requirement that felony charges must be based on 'intentional and malicious' conduct.

Added language indicating the removal of the 'malice' element from certain felony charges.

SCOPE

Added language indicating the bill intends to expand the class of individuals who can be charged to include all persons, not just caregivers.

Floor votes · Senate Feb 24, 2026 · House of Delegates Mar 13, 2026

How they voted

330
Passed
Total votes 33
Feb 24, 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
39
Key actions
10
Committee
6
Amendments
1
Mar 27, 2026
Signed into law
Approved by Governor 3/27/2026
upper
Mar 14, 2026
Signed into law
Approved by Governor 3/27/2026 - Senate Journal
upper
Mar 14, 2026
Signed into law
Approved by Governor 3/27/2026 - House Journal
lower
Mar 14, 2026
Upper · Passed
Senate concurred in House amendments and passed bill (Roll No. 653)
upper
Mar 13, 2026
Lower · Passed
Title amendment adopted (Voice vote)
lower
Mar 13, 2026
Lower · Passed
Passed House (Roll No. 513)
lower
Mar 12, 2026
Lower · Passed
Committee amendment adopted (Voice vote)
lower
Mar 12, 2026
Introduced
Amendment reported by the Clerk
lower
Mar 10, 2026
Lower · Passed
With amendment, do pass
lower
Feb 25, 2026
Committee
To House Judiciary
lower
Feb 25, 2026
Committee
To Judiciary
lower
Feb 25, 2026
Introduced
Introduced in House
lower
Feb 24, 2026
Upper · Passed
Passed Senate (Roll No. 208)
upper
Feb 20, 2026
Upper · Passed
Committee substitute reported
upper
Jan 14, 2026
Introduced
Introduced in Senate
upper
Jan 14, 2026
Committee
To Judiciary
upper
1 primary · 2 co-sponsors

Sponsors