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 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 Yes ✓ Supports 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 1083: Requiring registration as sex offender for conviction of indecent exposure to certain minors

This bill creates a new felony offense for indecent exposure committed in front of minors and requires individuals convicted of this crime to register as sex offenders. The legislation defines indecent exposure as exposing one's nude penis, vagina, or anus and includes undressing in opposite-sex locker rooms as a violation while removing exemptions for breastfeeding. Penalties increase with repeat offenses, and the new crime counts as a qualifying offense for recidivist sentencing enhancements. The bill also clarifies that registration requirements apply retroactively to past convictions involving these offenses.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill creates new felony offense for indecent exposure involving minors, mandates sex offender registration, and increases penalties for repeat offenses, strengthening criminal justice protections.90% confidence | Rep's Stance ✓ Voted Yes ✓ Supports 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 Yes ✓ Supports Criminal Justice

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passed · West Virginia · Senate Jan 30, 2026

SB 443: Granting municipal fire marshals authority to assist in lawful execution of law-enforcement officer's official duties

This bill grants municipal fire marshals in West Virginia the authority to assist law enforcement officers in carrying out their official duties. It allows fire marshals to arrest individuals who disobey lawful orders at fire scenes, violate arson or explosive offense prohibitions, obstruct a fire marshal, or fail to obey lawful commands, provided they receive required law enforcement training. The legislation also permits fire marshals to file criminal complaints to obtain arrest warrants and clarifies that assistance to federal law enforcement is subject to specific limitations. Additionally, fire marshals may help other law enforcement officers execute their duties when requested, but must work under the direct supervision of the requesting officer.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill expands law enforcement authority by allowing fire marshals to assist in arrests and enforce orders, strengthening public safety and criminal justice enforcement capabilities.85% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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