Criminal Justice

in committee · West Virginia · House of Delegates Jan 30, 2026

HB 4988: To impose a life sentence on fentanyl dealers

HB 4988 would impose a life sentence on individuals convicted of knowingly distributing fentanyl, either alone or mixed with other substances. This amendment to West Virginia’s drug law specifically increases penalties for fentanyl trafficking under §60A-4-401(a)(i), replacing standard prison terms with life imprisonment when the dealer knew the substance was fentanyl. It directly affects convicted fentanyl dealers (not users or other drug offenses) who meet the "knowing" threshold. The bill targets fentanyl specifically, as other drug offenses retain lower penalties under the existing code.

Topics ✗ Criminal JusticeOpposes Criminal JusticeMandates life sentence for fentanyl dealers, increasing penalties and opposing sentencing reform by expanding mandatory harsher sentences.95% confidence

Sub-Topics Corrections Drug Policy

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

HB 4051: Permitting certain nonviolent offenders to be able to carry firearms.

HB 4051 amends West Virginia law to allow certain nonviolent offenders to possess firearms by removing specific convictions from the list of prohibited offenses. It clarifies that convictions for drug offenses under §60A-4-401-403 (not classified as violent crimes) no longer bar firearm rights, and individuals in recovery from substance use disorders for at least one year regain rights (excluding those in MAT treatment). The bill also reinforces that law enforcement cannot infringe on the right to bear arms under the Second Amendment and state constitution. It directly affects people previously barred due to nonviolent drug convictions or substance use disorder history. The change takes effect after the specified waiting periods or recovery periods, without altering restrictions for violent offenses or domestic violence convictions.

Topics ✓ Criminal JusticeSupports Criminal JusticeRestores firearm rights for nonviolent drug offenders in recovery, reducing barriers to reintegration and aligning with criminal justice reform by promoting rehabilitation and civil rights restoration.95% confidence

Sub-Topics Domestic Violence Drug Policy Firearms

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in committee · West Virginia · Senate Jan 14, 2026

SB 187: Providing for recall process of prosecutor under certain circumstances

SB 187 would establish a formal recall process for elected prosecutors in West Virginia under specific circumstances, directly affecting county prosecutors and voters seeking to remove them. The bill aims to amend existing law (§7-4-1 of the West Virginia Code) to create procedures for initiating and conducting such recalls. However, the provided bill text only includes the current duties of prosecutors (e.g., handling criminal cases, election day availability) and does not detail the proposed recall mechanisms, voter requirements, or triggering conditions. Without the actual recall provisions in the text, the specific key mechanisms cannot be summarized. The bill was introduced on January 14, 2026, and referred to the Judiciary Committee.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill establishes recall process for prosecutors, enhancing accountability in criminal justice system per support indicators.90% confidence

Sub-Topics Judges

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

HB 4566: Increasing penalties for hit and run offenses

HB 4566 increases penalties for drivers who flee the scene of a crash causing injury or death in West Virginia. It raises fines and prison terms based on severity: up to $1,000 or one year in jail for bodily injury, up to $2,500 or three years for serious injury, and up to $5,000 or 20 years for death (with death occurring within one year of the crash). The bill also mandates a one-year license revocation for convicted offenders. It defines "serious bodily injury" as injury creating substantial risk of death, disfigurement, or prolonged health impairment, and names the law "Erin’s Law."

Topics ✗ Criminal JusticeOpposes Criminal JusticeIncreases penalties for hit-and-run offenses, expanding criminalization and harsher sentencing per bill language.90% confidence

Sub-Topics Corrections

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

HB 4676: End open fields doctrine

HB 4676 eliminates West Virginia's application of the "open fields doctrine," a legal rule allowing police to search areas like fields or wooded land surrounding a home without a warrant. The bill directly affects property owners whose land extends beyond their immediate dwelling (including fenced areas and woods), requiring police to obtain a warrant for searches there, except for established constitutional exceptions. It defines "open fields" as private property a reasonable person would view as private, not generally open to the public. The bill abolishes the previous common law rule and aligns state law with Fourth Amendment protections. This change applies to searches under both federal and West Virginia constitutional safeguards.

Topics ✓ Criminal JusticeSupports Criminal JusticeRequires warrants for searches in private property areas, strengthening Fourth Amendment protections and civil rights within criminal justice procedures.95% confidence ✓ HousingSupports HousingBill strengthens property rights (a core housing topic element) by requiring warrants for police searches on private property, directly protecting owners' land beyond immediate dwellings.95% confidence

Sub-Topics Policing

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in committee · West Virginia · House of Delegates Jan 16, 2026

HB 4406: Relating to formerly incarcerated individuals voting rights

HB 4406 would restore voting rights for West Virginia residents convicted of felonies upon their release from incarceration, including release through pardon, parole, probation, or completion of sentence. Currently, these individuals are barred from voting while serving their sentence, but the bill removes this restriction immediately upon release. The change allows formerly incarcerated people to register and vote without additional legal steps once they are released from prison or supervision. This policy directly affects all individuals in West Virginia who have been convicted of a felony and are released under these conditions.

Topics ✓ Criminal JusticeSupports Criminal JusticeRestores voting rights for formerly incarcerated individuals immediately upon release, aligning with criminal justice reform goals to promote reintegration and civil rights.95% confidence

Sub-Topics Civil Rights Corrections Probation & Parole

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

HB 4458: Creating Substance Abuse Intervention Act

HB 4458, known as "Joel’s Law," creates a legal process for involuntary treatment of individuals with substance use disorders who pose an imminent danger to themselves or others. It requires a petition from a family member, friend, or guardian to a West Virginia Circuit Court, accompanied by a guarantee to cover treatment costs, and sets strict criteria: the person must have a substance use disorder, present an immediate danger, and be likely to benefit from treatment. The bill establishes a 72-hour emergency treatment option and a formal court process for 60- to 360-day treatment orders, including medical examinations and a hearing within 14 days. This law directly affects individuals meeting these specific danger criteria and their families, while ensuring procedural safeguards like court oversight and cost accountability.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill diverts substance abuse cases from criminal justice system to treatment, reducing recidivism through rehabilitation - core criminal justice reform principle.90% confidence ✓ HealthcareSupports HealthcareBill creates involuntary treatment process for substance use disorders, expanding access to mental health services for high-risk individuals through court-mandated intervention.95% confidence

Sub-Topics Courts Drug Policy Mental Health Substance Abuse

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in committee · West Virginia · House of Delegates Feb 12, 2026

HB 4413: Making syringe exchange service programs unlawful

HB 4413 bans syringe exchange programs in West Virginia by making them unlawful under new law, requiring all existing programs to cease operations by the effective date. It allows harm reduction services (like overdose prevention education, naloxone distribution, and referrals to treatment) to continue without needle exchanges during a 120-day transition period for patient care. Operators who continue syringe exchanges after the effective date face daily civil penalties of up to $2,500, and the state health office can seek court orders to enforce the ban. The bill specifically prohibits offering sterile needles without a prescription, while permitting other health services that don’t involve syringe exchanges.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBans syringe exchanges - harm reduction service tied to criminal justice reform - restricting a key public health strategy to reduce drug-related offenses.85% confidence ✗ HealthcareOpposes HealthcareBans syringe exchange programs, a key public health initiative for harm reduction, restricting access to a proven healthcare service that prevents disease transmission.95% confidence

Sub-Topics Courts Substance Abuse

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in committee · West Virginia · Senate Jan 15, 2026

SB 321: Attorney General rule relating to fair treatment of crime victims and witnesses

Senate Bill 321 amends an existing West Virginia rule (142 CSR 04) to authorize the Attorney General to issue regulations on fair treatment for crime victims and witnesses. The bill adds a sunset provision requiring the rule to automatically expire on August 1, 2036, with no further legal effect after that date. This change directly affects crime victims and witnesses in West Virginia by establishing a fixed end date for the current regulatory framework governing their treatment. The bill does not create new policies but updates the existing rule’s termination timeline.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill establishes regulations for fair treatment of crime victims/witnesses, aligning with victim protection in criminal justice reform.92% confidence

Sub-Topics Victims' Rights

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