SB 454, the "Stop Non-Consensual Distribution of Intimate Deep Fake Media Act," makes it illegal to intentionally distribute deep fake media falsely depicting a person engaging in sexual conduct without their consent, specifically when done to harass, coerce, or damage their reputation. The law applies to anyone distributing such content (e.g., through social media or sharing), while excluding constitutionally protected speech like political satire or works with clear disclaimers that the media is manipulated. Violations carry penalties of up to $10,000 fines or five years in prison for repeat offenses, with lesser penalties for other cases, and allow courts to issue restraining orders to stop ongoing distribution. This directly affects individuals whose images are misused without consent and those creating or sharing non-consensual deep fakes.
SB 139 (West Virginia Senate Bill 139) amends state law to allow one spouse to testify against the other in criminal cases involving offenses committed against a child, grandchild, or vulnerable family member (such as a minor, parent, or person with a disability). The bill specifically removes the requirement for mutual consent when a spouse seeks to testify about crimes against these protected individuals. It directly affects spouses in criminal trials where one partner is accused of harming a child or vulnerable relative. The change clarifies that such testimony can be compelled without the accused spouse's consent, while maintaining that a spouse's refusal to testify cannot be used as evidence against the accused.
HB 4699 creates a tax credit for West Virginia employers who hire individuals participating in substance abuse recovery programs. It directly affects employers (with 1-100+ employees) and qualified individuals who are in good standing with a drug court program, working at least 120 hours monthly at minimum wage, and not displacing existing workers. Employers can claim a credit of up to $2,000 per eligible employee annually (capped at $14,000 total per business), based on their employee count (e.g., businesses with 1-10 employees can claim for 1 person). The credit requires annual application, verification of employee eligibility, and confidentiality protections for personal health information, with unused credits not carrying over.
SB 510 prohibits West Virginia licensing authorities from denying initial professional licenses based solely on prior criminal convictions, unless the conviction directly and specifically relates to the profession and poses a direct public safety risk. It requires authorities to apply a strict "direct relation" test when evaluating convictions, explicitly banning the use of "good moral character" or "crimes of moral turpitude" as disqualifiers. Applicants with criminal records can petition licensing authorities for a determination of eligibility, and the bill mandates updates to licensing forms and public materials. The law applies only to initial license applications, not disciplinary actions against current license holders or license reinstatement.
This bill requires courts to charge defendants convicted of crimes for up to 30 days of incarceration costs (including time before conviction) in regional jails. Before imposing these costs, a court must hold a hearing to assess the defendant's ability to pay and cannot order payment if it would cause financial hardship. Defendants may later petition for relief from unpaid costs if paying would create hardship for them or their dependents. Any money seized as evidence must be used to cover regional jail costs, regardless of the defendant's financial status.
HB 4990 creates new criminal offenses related to gift card fraud in West Virginia. It makes it a crime to steal, tamper with, or fraudulently obtain gift cards or their redemption information (defined as unique access codes), and to use stolen gift cards for purchases. Specifically, using stolen gift cards for $1,000+ in value over six months escalates the offense to grand theft. The bill directly affects individuals committing gift card fraud, while protecting cardholders, issuers, and sellers. It provides clear definitions for terms like "closed-loop gift card" (e.g., store-specific) and "gift card redemption information" to clarify the scope of the law.
SB 200 creates new criminal penalties for harming police dogs and other public safety animals trained to assist officers. It establishes three offense levels: misdemeanor fines ($200-$1,000) for physical injury, felony fines ($1,000-$3,000) or prison (1-5 years) for serious injury, and felony fines ($2,000-$5,000) or prison (2-10 years) for causing death. The bill explicitly exempts public safety officers who euthanize injured animals in their official duties and allows self-defense claims when protecting such animals. It also requires court-ordered restitution for convicted offenders and designates these offenses as qualifying for enhanced sentencing under recidivist laws.
HCR 5 is a non-binding resolution introduced by West Virginia's House of Delegates. It calls on Congress to disband the FBI and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), citing claims that these agencies have become politicized. The resolution proposes transferring non-politicized law enforcement functions (like the FBI's Laboratory Division) to an interstate compact. This is a symbolic state-level action with no legal authority to alter federal agencies.
HB 4966 increases penalties for adults who purchase tobacco products (including vapes and cartridges) for minors under 21. It directly affects adults who buy these products for underage children, not the minors themselves. The bill imposes a $500 fine for a first offense, with higher fines ($1,500-$5,000) for repeat violations within specific timeframes, and allows for jail time (up to 60 days) for third offenses. Retail employees who violate the law face non-criminal penalties like education programs instead of fines, while employers may terminate employees who sell to minors after prior written warnings.
This bill (SB 197) amends West Virginia law to explicitly include "attempt" as a criminal offense under the existing statute for sexual abuse by caregivers. It makes it a felony for parents, guardians, custodians, or others in positions of trust to attempt sexual abuse of a child in their care, with penalties of 10-20 years in prison for attempts involving children under 16. The change aligns penalties for attempted abuse with those for completed abuse, ensuring individuals who try to commit such acts face the same criminal consequences as those who succeed. This directly affects caregivers who attempt sexual misconduct with children under their supervision.