Criminal Justice

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 · Senate Mar 12, 2026

SB 473: Creating felony offense of using electronic device to threaten violence

SB 473 creates felony penalties for threatening to commit violent crimes using electronic devices (like texts, social media, or emails) when the threat causes a building evacuation, widespread fear, or serious disruption. It directly affects individuals who send such threats, making it a felony if the communication causes significant public alarm or evacuation. The law specifies that prosecutors must prove the threat was viewed as threatening by a reasonable person, and it prohibits defenses like claiming the threat wasn't "real." Penalties include fines up to $10,000 or prison terms of 1-10 years for these offenses.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill expands criminalization by creating felony penalties for electronic threats, increasing punitive measures in criminal justice without reform indicators.90% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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passed · West Virginia · Senate Mar 11, 2026

SB 440: Increasing penalty for transporting telecommunication devices into jails

This bill amends West Virginia law to specifically prohibit transporting telecommunications devices (like cell phones) into correctional facilities, including federal prisons. It increases penalties for delivering such devices to inmates or unauthorizedly bringing them onto facility grounds, with felony charges carrying fines up to $5,000 or up to 10 years in prison, and misdemeanor charges for lesser violations. The law directly affects visitors, family members, staff, or others attempting to bring devices into jails or prisons without authorization. It expands existing restrictions by explicitly naming telecommunications devices and updating their definition within the legal framework.

Topics ✗ Criminal JusticeOpposes Criminal JusticeIncreases penalties for transporting devices to jails, expanding criminalization and restricting inmate access without reform focus.90% confidence ✗ TechnologyOpposes TechnologyBill explicitly restricts transportation of telecom devices (cell phones) into jails, increasing penalties for unauthorized access. Directly limits technology use in correctional facilities.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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passed · West Virginia · Senate Mar 5, 2026

SB 986: Relating to child torture and abused children

This bill creates a new criminal offense called "child torture" in West Virginia law, targeting caregivers, parents, or others with a duty of protection who intentionally or recklessly subject a child under their care to severe physical or psychological acts. It defines torture as including acts like breaking limbs, inflicting prolonged pain, depriving food/water for unreasonable periods, sexual abuse, or terrorizing the child to cause significant emotional distress. The bill establishes felony penalties: 1-5 years in prison if no bodily injury occurs, and 2-10 years if bodily injury results. It directly affects individuals in positions of trust over children, such as parents, guardians, or custodians, by imposing specific criminal consequences for documented severe abuse.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill creates new felony offense for child torture, expanding criminalization. Aligns with 'oppose' indicator of increasing penalties for specific crimes.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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passed · West Virginia · Senate Mar 5, 2026

SB 590: Relating to exhibition of obscene material

Senate Bill 590 makes it a crime for performers to host adult cabaret shows - defined as performances featuring topless, go-go, exotic, or stripper dancers that appeal to prurient interest - where minors could view them, whether on public property or in accessible locations. Violating this law carries penalties: a first offense is a misdemeanor, while repeat offenses become felonies punishable by up to $25,000 fines, five years in prison, or both. The bill explicitly overrides any existing local ordinances about such performances. It directly affects venues and performers hosting these shows in public or viewable areas, ensuring uniform state-level enforcement.

Topics ✗ Criminal JusticeOpposes Criminal JusticeExpands criminalization by making adult cabaret performances a crime with felony penalties, increasing restrictions on entertainment venues and criminalizing activities previously not covered.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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passed · West Virginia · Senate Feb 26, 2026

SB 888: Creating Judicial Deference Reform Act

SB 888, the Judicial Deference Reform Act, prohibits West Virginia state courts and administrative hearing officers from deferring to state agency interpretations of statutes, regulations, or informal guidance documents (like agency memos). Instead, courts must independently review these materials using standard legal analysis ("de novo") and resolve any remaining ambiguities by limiting agency power and prioritizing individual liberty. The law applies to all state court cases and administrative proceedings starting July 1, 2026, but does not affect federal law or cases involving federal agencies. It directly affects how state courts interpret and apply West Virginia laws and agency guidance.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill limits agency deference in court reviews, prioritizing individual liberty to protect civil rights in criminal justice cases.85% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

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passed · West Virginia · Senate Jan 29, 2026

SB 55: Establishing criminal offense for obstructing or hindering home incarceration supervisor or social services worker

SB 55 creates a new felony offense for knowingly, willfully, and forcibly obstructing or hindering a home incarceration supervisor or social services worker while they are lawfully performing their duties, if the obstruction causes the death of that professional. It directly affects individuals who obstruct these workers and the workers themselves, who are protected under this law. The key provision sets a mandatory minimum 20-year prison sentence (with no parole eligibility before 20 years) for this offense, replacing a prior 15-year term. This law expands existing protections for public safety personnel to include home incarceration supervisors and social services workers handling cases like abuse investigations or home-based supervision.

Topics ✗ Criminal JusticeOpposes Criminal JusticeImposes mandatory 20-year sentence for obstruction, increasing penalties and expanding criminalization per oppose indicators.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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