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 4758 modifies parole eligibility for individuals convicted of first-degree murder or attempted first-degree murder in West Virginia. It increases the minimum prison term for attempted first-degree murder from 3 to 10 years and requires inmates convicted of these offenses to serve a longer portion of their sentence before becoming parole-eligible. Specifically, these individuals must serve at least three years or the maximum sentence imposed (whichever is less) before parole consideration, rather than the previous standard terms. The bill directly affects inmates serving sentences for murder or attempted murder of the first degree.
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.
SB 112 would change West Virginia law to automatically restore voting rights for people convicted of a felony upon their release from incarceration, regardless of whether they are on probation, parole, or supervised release. Currently, individuals serving felony sentences cannot vote, but this bill would end that disqualification immediately after release. The key provision amends Section 3-2-2 of the state code to state that eligibility is "automatically restored upon release from incarceration." This directly affects all West Virginians who were incarcerated for a felony conviction, allowing them to register and vote as soon as they leave prison.
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.
West Virginia Senate Bill 4 creates a new law requiring people to stay at least 30 feet away from first responders (including police, firefighters, probation officers, and emergency medical personnel) while they are lawfully performing duties. It makes it a misdemeanor to knowingly approach within 30 feet after being verbally warned, if the action impedes their work, threatens them, or harasses them (defined as causing substantial emotional distress without legitimate purpose). Violators face fines of $50-$500, up to one year in jail, or both. The bill directly affects individuals near emergency scenes and aims to protect responders from interference. It amends West Virginia Code §61-5-30.
HB 4779 requires West Virginia parole boards to consider a sentencing judge's recommendation for a specific term of imprisonment when reviewing cases involving certain felony offenses. The bill applies to 44 designated crimes, including DUI causing death, drug trafficking near schools, sexual assault, murder, and child abuse. Under this law, judges may recommend a definite prison term during sentencing for these offenses, and parole boards must factor that recommendation into their decisions. This change modifies how parole considerations are handled for these specific cases but does not alter sentencing authority or 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.
HB 4787, the Anti-Terrorism Act, creates new felony charges for terrorism in West Virginia, directly affecting individuals or groups committing acts defined as terrorism (including violent protests, riots, or attacks on critical infrastructure). Key provisions include mandatory consecutive prison sentences with no probation, restitution payments to victims up to three times their economic harm (such as lost wages or business shutdown costs), and requiring the Attorney General to designate terroristic entities. The bill also explicitly defines fentanyl as a weapon of mass destruction and prohibits "terrorist swatting" (false emergency reports to harass targets). It applies to anyone committing terrorism within West Virginia, regardless of where the act occurred.
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.
