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.
HB 4098 amends West Virginia law to restore jury service eligibility for individuals with expunged felony convictions. It specifically updates the disqualification rule (§52-1-8(b)(6)) to clarify that people whose felony convictions have been legally expunged are no longer disqualified from serving on juries, provided they meet other standard requirements like citizenship and residency. This directly affects West Virginians who have completed the expungement process for felony offenses, allowing them to serve on juries without restriction. The change removes a barrier to civic participation for this group while maintaining existing disqualification criteria for unexpunged convictions.
HB 4466 expands West Virginia's public intoxication law to include impairment from narcotics. It amends §60-6-9 to define "intoxicated" as covering impairment from controlled substances (narcotics), not just alcohol, when appearing in public. This makes it a misdemeanor for individuals to be publicly impaired by narcotics, punishable by fines ($5-$100) or mandatory education programs for first offenses. The law directly affects people appearing in public while impaired by narcotics, with penalties increasing for repeat violations. The change clarifies enforcement standards for law enforcement and judicial officers.
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.
