Criminal Justice

This bill clarifies and expands cooperation between law enforcement agencies within West Virginia and with agencies in neighboring states. It defines key terms such as "criminal justice enforcement personnel" and "law-enforcement agency" to establish who can participate in joint efforts. The legislation allows agency heads to request temporary assistance for investigations, including sharing personnel, equipment, and technical resources, with written requests required except in emergencies involving immediate danger to life. Personnel assigned to other agencies retain their original benefits and jurisdiction while operating under the operational command of the host agency's leadership. Agreements must be filed with local circuit clerks to remain in effect.

This bill gives the West Virginia Secretary of State the authority to refer suspected election law violations to county prosecuting attorneys for investigation. When the Secretary of State identifies potential election fraud or irregularities, the county prosecutor must forward the matter to the West Virginia Prosecuting Attorneys Institute, which then appoints a special prosecutor to review the allegations. The special prosecutor must provide written updates to the Secretary of State within 60 days and every 60 days thereafter until a decision is made about whether to pursue criminal charges. The appointed special prosecutor serves without additional pay beyond reimbursement for travel and related expenses, and county commissions cover these allowable costs.

This bill updates West Virginia laws to recognize military protective orders as valid evidence of domestic violence when seeking emergency protective orders from family courts. It defines a military protective order as one issued by a commanding officer in the U.S. Armed Forces, West Virginia National Guard, or another state's National Guard against someone under their command. The legislation requires law enforcement to notify relevant agencies of potential violations of these military orders and allows them to be used in petitions for temporary personal safety orders. These changes aim to improve how courts handle cases involving service members and their families by streamlining the process for obtaining protection orders.

This bill creates a Central Abuse Registry in West Virginia to track individuals convicted of crimes involving child abuse, neglect of incapacitated adults, abuse of adults receiving behavioral health services, and property misappropriation by those providing care services. It also adds specific sex offenses to the registration requirements and clarifies that people convicted of certain past offenses must remain on the registry. The legislation establishes a single annual fee of $125 for individuals required to register under both the abuse registry and sex offender registry, simplifying compliance by requiring only one payment. Funds collected from these fees will be used first to support mental health services for current and former state police employees before being applied to general state police operations.

This bill directs the West Virginia Legislature to allocate surplus state funds to the Department of Homeland Security for fiscal year 2026. The appropriation specifically supports the Division of Corrections and Rehabilitation within the department, funding information technology services and special services for correctional units. The legislation uses existing unappropriated surplus money from the State Fund's General Revenue rather than creating new revenue sources. This action increases the available budget for these specific correctional facility operations during the fiscal year ending June 30, 2026.

This bill grants municipal fire marshals in West Virginia the authority to assist law enforcement officers in carrying out their official duties. It allows fire marshals to arrest individuals who disobey lawful orders at fire scenes, violate arson or explosive offense prohibitions, obstruct a fire marshal, or fail to obey lawful commands, provided they receive required law enforcement training. The legislation also permits fire marshals to file criminal complaints to obtain arrest warrants and clarifies that assistance to federal law enforcement is subject to specific limitations. Additionally, fire marshals may help other law enforcement officers execute their duties when requested, but must work under the direct supervision of the requesting officer.

This bill creates a new felony offense for indecent exposure committed in front of minors and requires individuals convicted of this crime to register as sex offenders. The legislation defines indecent exposure as exposing one's nude penis, vagina, or anus and includes undressing in opposite-sex locker rooms as a violation while removing exemptions for breastfeeding. Penalties increase with repeat offenses, and the new crime counts as a qualifying offense for recidivist sentencing enhancements. The bill also clarifies that registration requirements apply retroactively to past convictions involving these offenses.

This bill creates a truancy pre-trial diversion program in West Virginia that allows parents, guardians, and custodians of truant children to avoid criminal conviction if they address the truancy and its underlying causes. It amends existing laws to delay sentencing for parents and guardians involved in truancy cases, giving them additional time to resolve attendance issues and access support services. The legislation also permits judges to require the Department of Human Services to provide home-based family preservation services for families facing truancy charges. Additionally, the bill removes criminal penalties for students who have reached the age of majority, focusing instead on requiring school attendance without jail time.

HB 5258 creates a 17-member Juvenile Justice Reform Oversight Committee to monitor West Virginia's juvenile justice system. The committee, including state officials, agency representatives, and community stakeholders, will track youth reoffending rates, calculate state savings from reduced out-of-home placements (averted costs), and produce annual reports with recommendations for reinvesting those savings into community-based alternatives to incarceration. It also establishes a Juvenile Justice Account in the state treasury to hold these saved funds. The bill directly affects state agencies like the Division of Juvenile Services and Department of Health and Human Resources, requiring them to provide data and participate in the oversight process.

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.