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.
SB 205 increases prison terms for second-degree murder (to 15-60 years) and voluntary manslaughter (to 5-25 years) in West Virginia. It also raises the minimum time served before parole eligibility to 15 years for second-degree murder and 5 years for voluntary manslaughter. The bill directly affects individuals convicted of these specific violent crimes, requiring longer sentences before parole consideration. These changes amend existing sentencing statutes without altering parole eligibility for other offenses.
This bill, formally titled the Patrolman Cassie Marie Johnson Memorial Act, amends West Virginia's murder sentencing laws to require the death penalty for first-degree murder when specific aggravating circumstances exist - particularly if the victim was a law enforcement officer killed in the line of duty. It establishes new procedures for jury sentencing, including requiring unanimous jury decisions on death penalty imposition based on specified aggravating factors (like killing an officer) and mitigating circumstances. The bill also mandates lethal injection as the execution method, requires automatic Supreme Court review of death sentences, and specifies protocols for handling death penalty cases, such as forensic DNA testing and transfer to correctional facilities. The memorial name honors Patrolman Cassie Marie Johnson but does not alter the bill's substantive legal provisions.
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.
SB 195 would increase the minimum prison sentence for second-degree murder in West Virginia from 10 years to 15 years. It also requires individuals convicted under this law to serve at least 15 years before becoming eligible for parole, or the longer period specified in another law (§62-12-13), whichever applies. This bill directly affects people convicted of second-degree murder in West Virginia, changing their mandatory minimum sentence and parole eligibility. The key provision raises the minimum term and modifies parole rules without altering the maximum 40-year sentence. The bill is currently in the Senate Judiciary Committee after being introduced on January 14, 2026.
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.
HB 4755 adds "aggravated vehicular homicide" (defined in §17C-5-1(c)) to West Virginia's list of offenses that trigger enhanced sentencing for repeat offenders. This change directly affects individuals convicted of aggravated vehicular homicide who have prior qualifying offenses under the state's recidivism laws. The bill amends Section 61-11-18 of the West Virginia Code to include this offense, meaning a second or third conviction for this crime could result in harsher penalties if the offender has previous serious convictions. The law focuses on increasing penalties for repeat offenders in cases involving severe DUI-related fatalities.
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.
