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.
This bill (SB 197) amends West Virginia law to explicitly include "attempt" as a criminal offense under the existing statute for sexual abuse by caregivers. It makes it a felony for parents, guardians, custodians, or others in positions of trust to attempt sexual abuse of a child in their care, with penalties of 10-20 years in prison for attempts involving children under 16. The change aligns penalties for attempted abuse with those for completed abuse, ensuring individuals who try to commit such acts face the same criminal consequences as those who succeed. This directly affects caregivers who attempt sexual misconduct with children under their supervision.
This bill establishes a value-based payment system for West Virginia's Medicaid addiction care services, shifting from fee-for-service to rewarding providers based on patient recovery outcomes. It directly affects Medicaid providers treating substance use disorders by requiring them to use standardized billing codes starting in 2027 and report on five specific outcome metrics: housing stability, sobriety, avoidance of criminal justice involvement, self-sufficiency (employment/education), and provider transition plans. The bill mandates data collection and analysis by the Bureau for Medical Services to develop these metrics, with value-based payments requiring implementation by 2028. The goal is to create a coordinated care system focused on long-term recovery success rather than fragmented service volume.
SB 650 amends West Virginia law to define a psychiatric hospital treating exclusively civil and forensic patients (with over 95% of its inpatient census being court-ordered forensic or civil involuntary commitments from state custody) as a "state-designated facility" for tax purposes. This change excludes such hospitals from the category of "eligible acute care hospitals" subject to a 0.75% tax on gross receipts, exempting them from this tax. The bill directly affects psychiatric hospitals in West Virginia meeting this specific patient mix requirement by altering their tax classification under the Medicaid funding structure.
SB 84 prohibits West Virginia law enforcement officers from installing surveillance cameras on private property without either the property owner's consent or a valid search warrant. This directly affects police departments and private landowners by requiring legal authorization before placing cameras on fenced, posted, or cultivated land owned by non-government entities. Exceptions allow installation in areas visible to the public without authorization or during emergencies where obtaining consent/warrant isn't feasible. The bill defines "surveillance camera" to exclude police vehicle dash or body cameras but explicitly covers devices like game cameras used for observation. It applies to all law enforcement officers, including state natural resources agents, under West Virginia law.
HB 4393 requires West Virginia's Department of Human Services (DoHS) to create and implement a statewide prevention plan by February 1, 2027. The plan must provide trauma-informed, evidence-based services to children under 18 and their families - including youth in foster care, pregnant and parenting youth, those aging out of foster care (up to age 21), post-adoption youth, and families with economic or safety needs. DoHS must ensure providers offer accessible services (combining telehealth and physical locations), track outcomes, and report annually on service usage, costs, and results by county. The plan also aims to qualify for federal matching funds under the Family First Prevention Services Act by 2028.
HB 4893 increases penalties for contempt of court in West Virginia magistrate courts. It raises maximum fines for contempt: from $50 to $200 for a first offense, $100 to $500 for a second offense, and $100 to $1,000 (or up to 10 days in jail) for a third or subsequent offense related to the same matter. The bill applies directly to individuals disrupting court proceedings, including witnesses, jurors, parties, or officers who commit contempt. These changes take effect for offenses occurring after the bill's passage, with appeals still allowed to circuit court as in criminal cases.
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.
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.
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.
