Criminal Justice

failed · West Virginia · Senate Mar 12, 2026

SB 963: Protecting due process in firearm confiscation

SB 963 requires courts to hold a full adversarial hearing with the respondent present and represented by counsel before issuing a protective order that prohibits firearm possession in domestic violence cases. It mandates that such restrictions can only be imposed if the court finds clear and convincing evidence of an immediate danger (e.g., documented threats or sworn testimony), not as punishment. The bill also requires automatic appeals for respondents within 10 days if firearm restrictions are included in the order. This directly affects individuals facing domestic violence protective orders in West Virginia, changing the process for firearm-related restrictions. The law aims to balance safety concerns with due process by setting higher evidentiary standards before restricting gun access.

Topics ✓ Criminal JusticeSupports Criminal JusticeRequires adversarial hearing with counsel before firearm restrictions, strengthening due process protections in criminal domestic violence cases.95% confidence

Sub-Topics Domestic Violence Drug Policy Firearms

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passed · West Virginia · House of Delegates Feb 24, 2026

HB 5198: Relating to crimes against the intellectually disabled

HB 5198 amends West Virginia's hate crime law to explicitly include "disability" as a protected class alongside race, sex, and other characteristics. It increases penalties for crimes motivated by disability bias - such as violence or intimidation - by classifying such acts as felonies punishable by fines up to $5,000 or 10 years in prison. The bill applies to all individuals with disabilities as defined under state law (§16B-17-3), directly affecting victims of disability-targeted crimes and holding perpetrators accountable under existing hate crime provisions.

Topics ✓ Criminal JusticeSupports Criminal JusticeExpands hate crime protections to include disability, increasing penalties for bias-motivated crimes against vulnerable populations, aligning with civil rights protections in criminal justice reform.95% confidence

Sub-Topics Civil Rights Corrections Tags People with Disabilities

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

HB 5596: Revising the statute to add costs for misdemeanor and felony convictions to be deposited into the West Virginia State Police Forensic Laboratory Fund

HB 5596 amends West Virginia law to redirect certain court costs from criminal convictions into the West Virginia State Police Forensic Laboratory Fund. Specifically, it adds $20 for misdemeanor convictions and $20 for felony convictions to be deposited into the fund, plus an additional $50 for any conviction where the forensic lab's resources were used. These costs, which would otherwise go to other funds like courthouse improvements, are now directed to support the forensic lab's operations. The bill affects individuals convicted of misdemeanors or felonies in West Virginia court proceedings.

Topics ✓ Criminal JusticeSupports Criminal JusticeRedirects court costs to fund forensic lab operations, strengthening forensic capacity within criminal justice system.95% confidence

Sub-Topics Courts Policing

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passed · West Virginia · House of Delegates Mar 11, 2026

HB 5319: Camping ban on certain public property.

HB 5319 amends West Virginia law to prohibit camping or storing personal property (like tents, sleeping gear, or camp equipment) on specific public property without authorization. It directly affects individuals using state capitol grounds, courthouses, municipal offices, parks, streets, or trails without written permission from the relevant government body. Key provisions define "camp" and "personal property," ban unauthorized use in designated areas, and classify violations as misdemeanors punishable by fines ($25-$100), up to 30 days in jail, or both. Each day of violation counts as a separate offense, and unauthorized structures are deemed public nuisances subject to removal.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill creates new misdemeanor for unauthorized camping, expanding criminalization which opposes criminal justice reform efforts.90% confidence

Sub-Topics Corrections

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in committee · West Virginia · House of Delegates Feb 6, 2026

HB 5282: Supplemental Appropriation to the Department of Administration-Public Defender Services from the Unappropriated Surplus Balance

HB 5282 provides a supplemental appropriation of $2.6 million for Public Defender Corporations and $15 million for Appointed Counsel Fees from the unappropriated surplus balance in the State Fund, General Revenue, to the Public Defender Services budget for fiscal year 2026. This funding directly supports West Virginia's public defense system by allocating unused state funds to cover essential legal services for indigent defendants. The bill does not change existing laws but supplements the budget with specific, targeted amounts to ensure public defender operations continue without additional tax revenue.

Topics ✓ Budget & TaxesSupports Budget & TaxesBill allocates $17.6M supplemental funding from unappropriated surplus to public defense services, directly increasing state budget support for essential legal services without tax changes.95% confidence ✓ Criminal JusticeSupports Criminal JusticeFunds public defender services for indigent defendants, strengthening legal representation and civil rights in criminal justice system without altering laws.95% confidence

Sub-Topics Appropriations Revenue State Budget

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in committee · West Virginia · House of Delegates Feb 9, 2026

HB 5335: Relating to Animal Abuse

HB 5335 prohibits sexual abuse of animals in West Virginia, defining it as touching an animal’s mouth, anus, or sex organs for sexual gratification. It creates new misdemeanor and felony offenses with penalties including fines ($300-$10,000), jail time (up to 10 years), and mandatory forfeiture of the animal to the owner. Convicted individuals face minimum 5-year (misdemeanor) or 15-year (felony) bans on owning animals, plus costs for animal care and a required psychiatric evaluation. The bill directly affects anyone engaging in or facilitating sexual abuse of animals, including those who permit it on their property or involve minors.

Topics ✗ Criminal JusticeOpposes Criminal JusticeExpands criminalization by creating new offenses for animal sexual abuse with enhanced penalties, matching 'expands criminalization' indicator.85% confidence

Sub-Topics Corrections

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in committee · West Virginia · Senate Feb 21, 2026

SB 1047: Establishing Community Well-Being, Recovery Housing, and Family Stabilization Act

SB 1047 creates a non-criminal system to address homelessness, addiction, and mental health challenges by requiring law enforcement to issue verbal warnings, then written warnings, and finally refer individuals to community behavioral health centers after three encounters - replacing arrests or citations. The bill sets standards for recovery housing to be substance-free, trauma-informed, and long-term, with specific provisions for family recovery housing supporting pregnant women and mothers with children. It prohibits criminalizing homelessness or addiction, integrates community behavioral health centers with recovery housing services, and mandates an annual report from a state advisory team, all using existing state resources without new funding. The law takes effect on July 1, 2026.

Topics ✓ Criminal JusticeSupports Criminal JusticeReplaces arrests for homelessness/addiction with behavioral health referrals, reducing criminalization and promoting treatment-based reform per bill's core mechanism.95% confidence ✓ HealthcareSupports HealthcareRedirects individuals from law enforcement to behavioral health centers, establishing community-based mental health services and recovery housing standards.95% confidence ✓ HousingSupports HousingBill establishes recovery housing standards for homelessness, focusing on trauma-informed, substance-free housing and family stabilization, advancing housing stability through behavioral health referrals.85% confidence

Sub-Topics Law Enforcement Mental Health Substance Abuse Homelessness

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in committee · West Virginia · House of Delegates Feb 13, 2026

HB 5488: Relating to establishing the offense of assault upon or injury to a service animal; and providing for penalties.

HB 5488 creates a new criminal offense in West Virginia for recklessly harming or interfering with service animals. It directly affects service animal handlers (including people with disabilities who rely on service animals) and anyone who harms these animals while they are assisting a person with a disability or when the offender knows the animal is a service animal. The bill prohibits actions like taunting, throwing objects, or obstructing a service animal’s work, with penalties including up to one year in jail, a $500 fine, or both. It also requires offenders to pay full restitution for damages, such as the animal’s value, replacement costs, veterinary bills, and lost wages for the handler. The bill is currently pending before the House Judiciary Committee after being introduced on February 13, 2026.

Topics ✓ Criminal JusticeSupports Criminal JusticeProtects service animal handlers' rights by criminalizing harm to service animals, aligning with civil rights protections in criminal justice.92% confidence

Sub-Topics Corrections Victims' Rights Violent Crime

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in committee · West Virginia · House of Delegates Feb 13, 2026

HB 5496: Providing for the offense of child torture.

HB 5496 would create a new felony offense of "child torture" in West Virginia law, targeting individuals aged 16 or older who subject children to specific severe acts. The bill defines "torture" to include 12 concrete acts like breaking limbs, inflicting prolonged pain, depriving food/water, sexual abuse, or terrorizing a child to cause significant harm. If bodily injury occurs, offenders face 10-25 years in prison with no parole before 10 years served; if no injury occurs, sentences are 10-20 years with no parole before 8 years served. This bill directly affects perpetrators of severe child abuse and would establish new criminal penalties for these specific acts under West Virginia Code §61-8D-11.

Topics ✗ Criminal JusticeOpposes Criminal JusticeCreates new felony with mandatory 10-25 year sentences for child torture, expanding criminalization and increasing penalties per bill's sentencing structure.95% confidence

Sub-Topics Corrections Probation & Parole

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passed · West Virginia · Senate Feb 26, 2026

SB 888: Creating Judicial Deference Reform Act

SB 888, the Judicial Deference Reform Act, prohibits West Virginia state courts and administrative hearing officers from deferring to state agency interpretations of statutes, regulations, or informal guidance documents (like agency memos). Instead, courts must independently review these materials using standard legal analysis ("de novo") and resolve any remaining ambiguities by limiting agency power and prioritizing individual liberty. The law applies to all state court cases and administrative proceedings starting July 1, 2026, but does not affect federal law or cases involving federal agencies. It directly affects how state courts interpret and apply West Virginia laws and agency guidance.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill limits agency deference in court reviews, prioritizing individual liberty to protect civil rights in criminal justice cases.85% confidence

Sub-Topics Courts

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