Criminal Justice

vetoed · West Virginia · House of Delegates Apr 2, 2026

HB 4893: Increase the penalties for contempt of court in a magistrate court

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeIncreases penalties for contempt of court, expanding criminalization and increasing punitive measures against court disruptions.90% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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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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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 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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