Criminal Justice

HB 4656 modifies West Virginia's school attendance laws by ending the compulsory attendance requirement at age 18 (previously 17), meaning 18-year-olds no longer face penalties for chronic absenteeism. It replaces "truancy" with "chronic absenteeism," removes criminal penalties for 18-year-olds, and requires schools to notify them directly about unexcused absences - same as parents. The bill establishes new referral pathways to human services for wrap-around support, shifts handling of chronic absenteeism to juvenile welfare (not criminal) proceedings, and defines key terms like "student support specialist." It directly affects students aged 17-18, school staff, and county human services departments.

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.

HB 5341 creates a public registry of domestic violence offenders in West Virginia, maintained by the State Police and accessible online. Individuals convicted of domestic violence against an intimate partner (with at least one prior conviction) or of sexual assault, abuse, or causing serious bodily injury must register and pay a $150 fee, with $50 funding family court services and $100 supporting domestic violence legal aid. The registry includes basic identifying details like name, date of birth, and conviction dates but excludes sensitive information such as addresses or Social Security numbers. Removal from the registry occurs after 5 years for one prior conviction, 10 years for two prior convictions or severe offenses, or for life with three or more prior convictions, applying to offenses occurring on or after July 1, 2026.

HB 5198 amends West Virginia's hate crime law to explicitly include "disability" as a protected class alongside race, sex, and other characteristics. It increases penalties for crimes motivated by disability bias - such as violence or intimidation - by classifying such acts as felonies punishable by fines up to $5,000 or 10 years in prison. The bill applies to all individuals with disabilities as defined under state law (§16B-17-3), directly affecting victims of disability-targeted crimes and holding perpetrators accountable under existing hate crime provisions.