Criminal Justice

vetoed · West Virginia · Senate Apr 1, 2026

SB 705: Creating offense of theft by conversion

SB 705 creates a new criminal offense called "theft by conversion" in West Virginia, targeting individuals who unlawfully use funds or property they were entrusted with under an agreement. It directly affects people handling others' assets (like rental companies, contractors, or anyone with a legal obligation to manage property), such as leased equipment or payments. The bill sets penalties: misdemeanors for amounts under $2,500 (up to 1 year in jail or $1,000 fine), and felonies for $2,500 or more (1-10 years in prison or fines up to $2,500). It requires courts to order restitution to victims and specifies where cases can be prosecuted (e.g., defendant’s, victim’s, or property location county). The law applies to property valued over $100, excluding late fees.

Topics ✗ Criminal JusticeOpposes Criminal JusticeCreates new criminal offense with penalties, expanding criminalization under theft laws per bill's explicit language.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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passed · West Virginia · House of Delegates Mar 14, 2026

HB 5286: Supplemental Appropriation to the Department of Homeland Security-Division of Corrections and Rehabilitation from the Unappropriated Surplus Balance

HB 5286 adds $1.5 million in supplemental funding from West Virginia's unappropriated surplus balance to the Department of Homeland Security's Division of Corrections and Rehabilitation for equipment purchases during fiscal year 2026. This new appropriation, designated as "Equipment - Surplus" under Fund 0450, directly supports correctional facilities by providing resources for equipment needs without increasing overall state spending. The bill uses existing surplus funds identified in the Governor's Executive Budget Document, specifically reallocating unappropriated revenue to address immediate equipment requirements for correctional units. It does not create new policies or change eligibility but adjusts budget allocations for operational support.

Topics ✓ Budget & TaxesSupports Budget & TaxesUses unappropriated surplus funds for corrections equipment without increasing state spending, demonstrating fiscal responsibility and funding essential public services.90% confidence ✓ Criminal JusticeSupports Criminal JusticeFunds correctional equipment purchases for facilities, supporting operational needs within criminal justice system.90% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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passed both · West Virginia · House of Delegates Mar 13, 2026

HB 4603: Relating to the creation of the process of obtaining and adjudicating a pre-adjudicatory alternative disposition

HB 4603 creates a new process for resolving certain criminal and juvenile cases without a formal court trial. It establishes a system allowing courts to offer alternatives like community service or counseling instead of a conviction for eligible cases, such as criminal charges that could lead to jail time or juvenile proceedings. The bill amends existing West Virginia law to define and incorporate this "pre-adjudicatory alternative disposition" process, specifying which cases qualify and how they are handled. This change aims to provide non-punitive resolutions for qualifying cases while streamlining court proceedings.

Topics ✓ Criminal JusticeSupports Criminal JusticeCreates pre-adjudicatory alternatives (community service/counseling) to avoid convictions, reducing recidivism and aligning with reform goals per bill's purpose.85% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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failed · West Virginia · Senate Mar 12, 2026

SB 963: Protecting due process in firearm confiscation

SB 963 requires courts to hold a full adversarial hearing with the respondent present and represented by counsel before issuing a protective order that prohibits firearm possession in domestic violence cases. It mandates that such restrictions can only be imposed if the court finds clear and convincing evidence of an immediate danger (e.g., documented threats or sworn testimony), not as punishment. The bill also requires automatic appeals for respondents within 10 days if firearm restrictions are included in the order. This directly affects individuals facing domestic violence protective orders in West Virginia, changing the process for firearm-related restrictions. The law aims to balance safety concerns with due process by setting higher evidentiary standards before restricting gun access.

Topics ✓ Criminal JusticeSupports Criminal JusticeRequires adversarial hearing with counsel before firearm restrictions, strengthening due process protections in criminal domestic violence cases.95% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

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passed · West Virginia · House of Delegates Mar 11, 2026

HB 5319: Camping ban on certain public property.

HB 5319 amends West Virginia law to prohibit camping or storing personal property (like tents, sleeping gear, or camp equipment) on specific public property without authorization. It directly affects individuals using state capitol grounds, courthouses, municipal offices, parks, streets, or trails without written permission from the relevant government body. Key provisions define "camp" and "personal property," ban unauthorized use in designated areas, and classify violations as misdemeanors punishable by fines ($25-$100), up to 30 days in jail, or both. Each day of violation counts as a separate offense, and unauthorized structures are deemed public nuisances subject to removal.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill creates new misdemeanor for unauthorized camping, expanding criminalization which opposes criminal justice reform efforts.90% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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passed · West Virginia · House of Delegates Mar 11, 2026

HB 4656: Relating to chronic absenteeism

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.

Topics ✓ Criminal JusticeSupports Criminal JusticeRemoves criminal penalties for 18-year-olds' chronic absenteeism, reducing criminalization of school attendance - a criminal justice reform measure aligning with reducing recidivism and over-punishment.85% confidence ✓ EducationSupports EducationBill replaces punitive truancy measures with support services for chronic absenteeism, aligning with student well-being and access in K-12 education.95% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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passed · West Virginia · House of Delegates Mar 4, 2026

HB 5413: Relating to the Central Abuse Registry

HB 5413 creates a Central Abuse Registry managed by the West Virginia State Police to track individuals convicted of abuse, neglect, or misappropriation of property involving children, incapacitated adults, or adults receiving behavioral health services in specific settings like residential care facilities, day care centers, or home care. It requires registrants to provide personal details (name, DOB, SSN) and pay an annual $125 fee to the circuit clerk, with fees funding mental health services for State Police employees. The registry combines existing requirements, so those already registering as sex offenders only pay one $125 fee instead of separate fees. Failure to pay the fee does not violate supervised release, but unpaid fees may result in a recorded judgment lien.

Topics ✓ Criminal JusticeSupports Criminal JusticeCreates registry tracking abuse offenders and funds mental health services, strengthening oversight and rehabilitation programs in criminal justice.85% confidence ✓ HealthcareSupports HealthcareBill mandates $125 annual fees from registry registrants to fund mental health services, directly advancing healthcare funding per summary.95% confidence | Rep's Stance Voted absent

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passed · West Virginia · House of Delegates Mar 4, 2026

HB 4477: To give the Secretary of State authority to refer allegations of violations of election laws to West Virginia Prosecuting Attorneys Institute.

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.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill enhances election law enforcement accountability by creating a mechanism for investigating alleged election fraud through special prosecutors, strengthening criminal justice oversight.75% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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passed · West Virginia · House of Delegates Feb 25, 2026

HB 5341: To create a domestic violence registry

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.

Topics ✓ Criminal JusticeSupports Criminal JusticeCreates domestic violence offender registry and funds legal aid/domestic violence services, advancing victim protection and court support within criminal justice reform.90% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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passed · West Virginia · House of Delegates Feb 24, 2026

HB 5198: Relating to crimes against the intellectually disabled

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.

Topics ✓ Criminal JusticeSupports Criminal JusticeExpands hate crime protections to include disability, increasing penalties for bias-motivated crimes against vulnerable populations, aligning with civil rights protections in criminal justice reform.95% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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