Criminal Justice

passed · West Virginia · House of Delegates Feb 16, 2026

HB 4098: To restore the right of a person to sit on a jury has been restored upon expungement of one’s record

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.

Topics ✓ Criminal JusticeSupports Criminal JusticeRestores jury eligibility for expunged felony convictions, advancing criminal justice reform by removing barriers to civic participation and protecting civil rights.95% confidence

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in committee · West Virginia · House of Delegates Jan 26, 2026

HB 4829: Make speeds that exceed 30MPH over the speed limit reckless driving

HB 4829 amends West Virginia law to define driving more than 30 miles per hour over posted speed limits as reckless driving. This directly affects drivers who exceed speed limits by 30+ mph on public roads, school zones, state parks, or educational institution properties. The bill establishes penalties: a first offense carries up to 90 days in jail or a $500 fine, with harsher penalties for repeat offenses or if the speeding causes serious injury. Exceptions include temporarily closed racing events and designated recreational vehicle areas within state parks.

Topics ✗ Criminal JusticeOpposes Criminal JusticeIncreases penalties for speeding by reclassifying 30+MPH over limits as reckless driving, expanding criminalization and harsher sentencing per bill language.95% confidence ✓ TransportationSupports TransportationBill enhances transportation safety by defining excessive speeding as reckless driving, imposing penalties to deter dangerous behavior on roads, directly advancing public safety within transportation infrastructure.95% confidence

Sub-Topics Corrections Traffic Safety

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in committee · West Virginia · House of Delegates Jan 14, 2026

HB 4049: Relating to the creation of the Criminal Forfeiture Process Act replacing the West Virginia Contraband Forfeiture Act

HB 4049 replaces West Virginia's existing Contraband Forfeiture Act with a new Criminal Forfeiture Process Act specifically for property used in or derived from felony drug crimes (violations of the Controlled Substance Act). It establishes a criminal court process for forfeiture (replacing civil forfeiture), defines key terms like "contraband" (unlawful items such as drugs without prescription) and "innocent owner" (a person unaware of property use in crime), and prohibits offering seized property to federal agencies for federal forfeiture. The bill clarifies that courts handling the underlying criminal case have jurisdiction over forfeiture proceedings, and it explicitly states no property rights exist in contraband. This procedural bill directly affects law enforcement agencies, criminal defendants, and property owners involved in drug-related felony cases.

Topics ✓ Criminal JusticeSupports Criminal JusticeShifts forfeiture from civil to criminal process, requiring conviction and protecting innocent owners, aligns with criminal justice reform principles.90% confidence

Sub-Topics Courts Drug Policy Law Enforcement

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in committee · West Virginia · Senate Feb 12, 2026

SB 538: Increasing compensation for panel attorneys

This bill increases compensation rates for panel attorneys who provide court-appointed legal services to eligible clients in West Virginia. It directly affects public defense attorneys by requiring updated payment rates and mandating detailed time-tracking records (in tenths of hours) for case work. Key provisions include setting 45-day payment timelines after voucher submission, establishing clear appeal processes for rejected or reduced payments, and requiring Public Defender Services to annually report legal services data to oversight bodies like the Legislative Oversight Commission and Supreme Court. The bill also adds new requirements for electronic voucher processing and court review of payment disputes.

Topics ✓ Criminal JusticeSupports Criminal JusticeIncreases compensation for public defense attorneys, improving access to quality legal representation - a core component of criminal justice reform and defendant rights protection.95% confidence

Sub-Topics Courts

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in committee · West Virginia · House of Delegates Jan 22, 2026

HB 4761: Raise the Penalties for Murder and attempted Murder

HB 4761 modifies parole eligibility for individuals convicted of murder or attempted murder in West Virginia. It increases the minimum time inmates must serve before becoming parole-eligible: 20 years for second-degree murder (up from 10), and 10-40 years for attempted first-degree murder (up from 3-15) or 5-20 years for attempted second-degree murder (up from 1-3). The bill also adds provisions allowing prosecutors and victims' families to attend parole hearings remotely or in person. These changes directly affect inmates serving sentences for these specific violent offenses. The bill does not alter sentence lengths but restricts early release opportunities for these crimes.

Topics ✗ Criminal JusticeOpposes Criminal JusticeIncreases mandatory parole wait times for murder convictions, expanding criminal penalties and restricting parole eligibility.95% confidence

Sub-Topics Probation & Parole

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in committee · West Virginia · House of Delegates Jan 20, 2026

HB 4557: To create the felony offense for protestors blocking passage on streets and highways.

HB 4557 creates a new criminal offense for intentionally blocking public streets, highways, or sidewalks used by the public, defining "obstruct" as making passage impassable, unreasonably inconvenient, or hazardous. It directly affects individuals who protest by blocking roadways, including those who ignore law enforcement requests to move. The bill establishes misdemeanor penalties ($500+ fine, 1+ month jail) for basic violations, and felony penalties ($1,000+ fine, 3 months-3 years jail) for repeat offenses, blocking emergency vehicles, or obstructing hospital access. The law applies to any person acting without legal authority to block public passageways.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill criminalizes protest blockades with felony penalties, expanding criminalization and restricting protest rights under criminal justice framework.95% confidence

Sub-Topics Corrections Law Enforcement

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signed · West Virginia · House of Delegates Jun 29, 2026

HB 4345: Relating to the preservation of missing persons records and evidence

HB 4345 requires law enforcement agencies in West Virginia to permanently retain all records and evidence for missing persons cases that remain unresolved after one year. It mandates that agencies digitize all documentation and physical/biological evidence for these cases and transmit the complete records to the West Virginia Fusion Center. The bill directly affects law enforcement agencies (including county and municipal departments) by establishing new requirements for record retention, digitization, and database sharing. Key provisions include banning destruction of unresolved case files, requiring secure digital storage, and ensuring evidence is preserved permanently. This applies to all missing persons cases, not just children or high-risk situations.

Topics ✓ Criminal JusticeSupports Criminal JusticeRequires law enforcement to permanently retain and digitize missing persons evidence, supporting criminal justice system integrity by preserving critical data for future investigations and prosecutions.80% confidence

Sub-Topics Law Enforcement

in committee · West Virginia · House of Delegates Jan 21, 2026

HB 4648: To ensure felonies or violent misdemeanors are not eligible for personal recognizance discharge from jail

HB 4648 amends West Virginia's bail laws to require individuals accused of felonies or violent misdemeanors to post bond before being released from jail, eliminating their eligibility for release on personal recognizance (i.e., without posting money or collateral). The bill specifically prohibits judges from releasing such defendants without bail and increases the cash bail threshold for nonviolent felonies, with annual inflation adjustments starting July 1, 2026. These changes apply directly to people charged with offenses covered under the bill’s definitions, including violent misdemeanors involving threats, weapons, or minors. The law modifies sections §62-1C-1 and §62-1C-1a of the West Virginia Code to enforce these bail requirements.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill eliminates personal recognizance release for felonies/violent misdemeanors, increasing pretrial detention and reducing defendant rights, aligning with 'oppose' indicators.90% confidence

Sub-Topics Corrections

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in committee · West Virginia · House of Delegates Jan 28, 2026

HB 4886: Relating to guidelines for home confinement

HB 4886 clarifies travel permissions for individuals under home confinement in West Virginia. It specifies that people confined to their homes may travel only for essential purposes: work, medical appointments, religious services at their chosen place of worship, court-ordered activities, and grocery shopping for food and household items. The bill amends existing law to explicitly define these permitted destinations, removing ambiguity about allowable travel. This directly affects individuals sentenced to home confinement by circuit or magistrate courts. The change focuses solely on defining permitted travel, not altering sentencing terms or monitoring requirements.

Topics ✓ Criminal JusticeSupports Criminal JusticeClarifies home confinement travel rules to reduce violations and support rehabilitation, aligning with criminal justice reform goals by preventing unnecessary revocations.85% confidence

Sub-Topics Courts Judges Sentencing

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in committee · West Virginia · House of Delegates Jan 26, 2026

HB 4826: Relating to petition for involuntary treatment for drug and alcohol abuse

HB 4826 establishes a legal process for involuntary treatment of individuals with substance use disorders in West Virginia. It directly affects people who meet strict criteria (having a substance use disorder, posing an imminent danger to self/others, and likely benefiting from treatment) and their family members or friends who file petitions. Key provisions require verified petitions from petitioners (like spouses or relatives) guaranteeing treatment costs, court hearings within 72 hours, and medical evaluations by qualified professionals before ordering 60-day or 360-day treatment. The bill also creates a 72-hour emergency hospitalization option for immediate danger, requiring court approval based on strong evidence. All procedures must follow specific court oversight to protect patient rights.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill establishes involuntary treatment for substance abuse as alternative to criminal justice involvement, promoting rehabilitation and reducing recidivism per criminal justice reform indicators.90% confidence ✓ HealthcareSupports HealthcareBill creates legal process for involuntary treatment of substance use disorders, improving access to mental health services and aligning with healthcare support indicators.95% confidence

Sub-Topics Courts Mental Health Substance Abuse

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