Criminal Justice

in committee · West Virginia · House of Delegates Feb 18, 2026

HB 5206: To make certain acts of panhandling and solicitation unlawful

HB 5206 makes certain panhandling and solicitation practices unlawful in West Virginia, directly affecting individuals requesting money, goods, or services in public spaces. The bill prohibits panhandling in specific locations (like bus stops, near ATMs, schools, and within 100-200 feet of highways) and during restricted hours (9 a.m. to 6 p.m.), while requiring licensed panhandlers to carry ID and permits. Exemptions apply to fire departments, school groups, and 501(c)(3) nonprofits soliciting for their operations. Violations carry misdemeanor fines starting at $100 for a first offense, increasing to $1,000 for repeat offenses, with permit revocation after three violations.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill expands criminalization by making panhandling unlawful in specific locations/hours, restricting public solicitation without addressing reform; aligns with 'expands criminalization' indicator.92% confidence

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in committee · West Virginia · House of Delegates Feb 3, 2026

HB 5094: Prohibiting the private ownership or operation of a prison

HB 5094 bans private ownership and operation of prisons in West Virginia, effective July 1, 2026. The bill prohibits private companies from running correctional facilities, removing existing approval requirements for private prison operations that would otherwise apply. It explicitly allows state-run facilities and specifies that foreign court inmates sentenced abroad cannot be held in private prisons. This directly affects private prison companies operating in West Virginia and changes the state's correctional system by eliminating private contracting for prison management.

Topics ✓ Criminal JusticeSupports Criminal JusticeBans private prisons, shifting to state-run facilities aligning with criminal justice reform goals of reducing profit-driven corrections and enhancing accountability.95% confidence

Sub-Topics Corrections Courts

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in committee · West Virginia · House of Delegates Feb 3, 2026

HB 5146: Relating to drug scheduling

HB 5146 would amend West Virginia's drug scheduling law to remove marijuana, psilocybin, and tetrahydrocannabinols (THC) from Schedule I, the most restrictive category for controlled substances. This change would move these substances to a less restrictive classification under the state's Uniform Controlled Substances Act. The bill directly affects how these specific substances are legally treated in West Virginia, removing their current Schedule I status. It does not address medical or recreational use but changes their regulatory classification. The bill was introduced by Delegate Young and referred to the Health and Human Resources and Judiciary committees.

Topics ✓ Criminal JusticeSupports Criminal JusticeRemoves marijuana, psilocybin, and THC from Schedule I, reducing criminal penalties and advancing drug policy reform within criminal justice framework.90% confidence

Sub-Topics Drug Policy

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in committee · West Virginia · Senate Feb 5, 2026

SB 783: Relating to sentence of death or life imprisonment for capital sexual battery

SB 783 proposes that defendants convicted of sexual battery (or attempted sexual battery) causing injury to the sexual organs of a child under 12 years old face a mandatory death penalty or life imprisonment without parole. The bill requires a separate sentencing hearing after conviction, where a jury must unanimously find at least two aggravating factors to consider the death penalty. If eight or more jurors recommend death, the court must impose it; otherwise, life without parole is required. This bill directly affects individuals convicted of this specific child sexual abuse offense in West Virginia.

Topics ✗ Criminal JusticeOpposes Criminal JusticeMandates death penalty or life without parole for child sexual battery, increasing mandatory sentences and reducing defendant rights95% confidence

Sub-Topics Courts Probation & Parole Sentencing

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in committee · West Virginia · Senate Feb 20, 2026

SB 1016: Creating Second Look Sentencing Act

SB 1016, the "Second Look Sentencing Act," allows West Virginia judges to reconsider prison sentences of 10+ years for individuals who committed offenses before age 25 and have served at least 10 years. The bill requires courts to evaluate factors like rehabilitation efforts, maturity, victim input, and the defendant's age at the time of the crime before reducing a sentence. If approved, sentences may be reduced to time served or modified with up to five years of supervised release, while ensuring defendants have a right to a hearing with appointed counsel. The law specifically targets young offenders whose circumstances may have changed significantly after a decade in prison, aiming to balance public safety with opportunities for reintegration.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill enables judicial review of long sentences for youthful offenders post-rehabilitation, reducing recidivism and aligning with criminal justice reform goals.95% confidence

Sub-Topics Corrections Probation & Parole Sentencing

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in committee · West Virginia · Senate Feb 21, 2026

SB 1046: Increasing fines for first degree sexual assault

Senate Bill 1046 increases the fine for first-degree sexual assault from $1,000-$10,000 to $10,000-$100,000. It specifically mandates life imprisonment and a $50,000-$250,000 fine for offenders aged 18 or older who commit sexual assault against victims under 12 years old. The bill also updates jury procedures to require explicit findings on life imprisonment eligibility in these cases. This legislation directly affects individuals convicted of first-degree sexual assault, particularly those involving child victims under 12.

Topics ✗ Criminal JusticeOpposes Criminal JusticeIncreases mandatory life sentences and fines, opposing reform efforts by harshening penalties for sexual assault convictions.95% confidence

Sub-Topics Violent Crime

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in committee · West Virginia · House of Delegates Feb 3, 2026

HB 5156: Second Look Sentencing Act

HB 5156, the Second Look Sentencing Act, allows West Virginia judges to reconsider prison sentences exceeding 10 years for individuals who have served at least a decade. To qualify, a person must demonstrate they are not a danger, pose no credible risk of reoffending, show readiness for reentry, and meet the interests of justice. The court must consider factors like rehabilitation progress, age at offense and petition, victim input, and completion of correctional programs before modifying the sentence, with a presumption of release for applicants aged 50 or older. Any sentence modification requires up to five years of supervised release post-release, and denied applicants may reapply under specific time limits.

Topics ✓ Criminal JusticeSupports Criminal JusticeAllows judges to reconsider long sentences based on rehabilitation progress and reduced recidivism risk, aligning with criminal justice reform goals.95% confidence

Sub-Topics Corrections Probation & Parole Sentencing

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in committee · West Virginia · House of Delegates Feb 9, 2026

HB 5375: Truancy Reform Act

HB 5375, the Truancy Reform Act, changes West Virginia's truancy laws to prioritize support over punishment. It removes criminal penalties for students aged 18 or older who miss school, replaces fines with school attendance requirements for first offenses, and creates a pretrial diversion program for parents/guardians of children under 18. This allows families to avoid conviction by addressing truancy causes within 60 days, with courts able to delay sentences and refer families to Department of Human Services for home-based support. The bill also modifies penalties for repeat offenses, including conditional school enrollment after a third violation for 18+ students. It directly affects parents, guardians, custodians, and students aged 18+ in truancy cases.

Topics ✓ Criminal JusticeSupports Criminal JusticeRemoves criminal penalties for truancy, replaces fines with support programs, creates pretrial diversion - aligns with reform goals to reduce criminalization and prioritize rehabilitation over punishment.95% confidence ✓ EducationSupports EducationPrioritizes support over punishment for truancy, addresses root causes via diversion programs to improve K-12 attendance and educational access without restrictions.95% confidence

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in committee · West Virginia · House of Delegates Feb 11, 2026

HB 5450: Relating to appeals of certification decisions by the Department of Homeland Security

HB 5450 would transfer responsibility for hearing appeals of certain law enforcement certification decisions from the Deputy Secretary of the Department of Military Affairs and Public Safety to the Office of Administrative Hearings. This applies to appeals concerning denials of entry into law enforcement certification programs, denials of continued training, denials of certification reactivation, and suspensions or decertifications of officers. The bill amends state law to clarify that the Office of Administrative Hearings will handle these appeals instead of the current office, centralizing the process. This is a procedural change affecting law enforcement applicants and officers challenging certification decisions.

Topics ✓ Criminal JusticeSupports Criminal JusticeTransfers law enforcement certification appeal hearings to independent Office of Administrative Hearings, enhancing accountability and due process in officer certification, aligning with criminal justice reform indicators.80% confidence

Sub-Topics Law Enforcement

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in committee · West Virginia · House of Delegates Feb 2, 2026

HB 5016: To clarify those required to register sex offenders, who must register temporary addresses

HB 5016 clarifies West Virginia's sex offender registration rules for individuals without a permanent residence, requiring them to register "transient residences" - defined as any location where they stay for three or more days in a year (including places without a street address, like shelters or temporary housing). The bill ensures these individuals meet legal obligations by reporting their temporary stays, alongside standard registration details like name, address, and employment. It does not change which offenses require registration but makes the process clearer for people without a fixed home, such as the homeless or frequent travelers. This update aims to improve compliance while maintaining existing registration standards.

Topics ✓ Criminal JusticeSupports Criminal JusticeClarifies sex offender registration for transient stays, strengthening enforcement compliance within criminal justice system without reform implications.85% confidence

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