HB 4661 would allow the death penalty for individuals convicted of intentionally killing a law enforcement officer or first responder (including firefighters, EMTs, and correctional staff) while they are performing their duties. The bill amends West Virginia's murder sentencing code to add this scenario as an aggravating circumstance requiring physical evidence like DNA or a confession, rather than circumstantial proof. If this aggravating circumstance is proven beyond reasonable doubt and no mitigating factors outweigh it, a jury may impose the death penalty; otherwise, the sentence is life without parole. This directly affects defendants convicted of first-degree murder in these specific cases.
HB 4519 requires full cash bail for individuals rearrested for violent or gun-related crimes while already out on bail for a previous violent or gun-related offense. It also mandates that if convicted of these subsequent crimes, sentences must run consecutively (one after another) rather than concurrently. This bill directly affects defendants charged with violent or gun-related offenses who are already on bail for similar crimes when re-arrested. The key provisions replace standard bail procedures with mandatory cash bail requirements for these specific re-arrests and alter sentencing structure for repeat offenses. The bill does not change general bail rules but targets repeat offenders in these categories.
HB 4041 proposes amending West Virginia law to establish mandatory minimum sentences for assaults on specific professionals acting in their official capacity. The bill would require a minimum 3-year prison term (up to 15 years) for malicious assaults on law enforcement officers, health care workers, emergency personnel, utility workers, or correctional employees, and a minimum 2-year term (up to 5 years) for unlawful assaults on these same groups. The bill's title incorrectly references "animal" and a 25-year sentence; the actual proposed penalties are 3-15 years for malicious assault and 2-5 years for unlawful assault. This is a proposed amendment (introduced January 14, 2026, to the Judiciary Committee) to West Virginia Code §61-2-10b, not yet enacted law.
Senate Bill 140 would increase penalties for voluntary manslaughter in West Virginia by raising the minimum prison sentence from 3 years to 5 years and the maximum from 15 years to 25 years. It also changes parole eligibility requirements, requiring convicted individuals to serve at least 5 years before becoming eligible for parole (previously 3 years). This bill directly affects people convicted of voluntary manslaughter under West Virginia law, altering their sentencing range and parole timelines. The change applies to all future convictions under this statute.
HB 4997 prohibits individuals convicted of terroristic threats involving schools or children (under §61-6-24(b)) from residing within 1,000 feet of any educational facility, including public/private schools, preschools, or daycares where children are regularly present. This residency restriction applies automatically during probation or parole, or as a sentencing condition if no supervision is ordered. Violations are classified as felonies punishable by 1-5 years in prison, up to $10,000 in fines, or both, and may lead to revocation of probation. The bill uses GIS or property records to measure proximity and aligns with existing sex offender residency rules under §62-12-26.
This bill (SB 34) creates a mandatory 3-year prison sentence for anyone convicted of illegally possessing Schedule I or II controlled substances (excluding cannabis). It applies to possession offenses, with exceptions for people who were incidentally exposed to the substances or forced to possess them. First-time offenders may qualify for conditional discharge, and the bill specifies that cannabis possession is not covered by this new sentencing requirement. The law amends existing West Virginia drug statutes to enforce these penalties.
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.
