Criminal Justice (Courts) in West Virginia

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

HB 4554: Creating Persons with Disabilities Registry

HB 4554 would establish a voluntary registry for individuals with certain disabilities - such as autism, Alzheimer’s, or Down syndrome - to help law enforcement better interact with them during encounters. People with disabilities, or their parents/guardians for minors or incapacitated adults, could enroll by providing medical certification (e.g., from a doctor or psychologist) or legal documentation (e.g., court orders or guardianship papers). The registry, maintained by local law enforcement, would include personal details and disability information but remain confidential and exempt from public disclosure. Individuals could request removal from the registry at any time, with law enforcement required to comply within five business days.

Topics ✓ Criminal Justice

Sub-Topics Courts Law Enforcement Tags People with Disabilities

in committee · West Virginia · House of Delegates Jan 27, 2026

HB 4845: Prohibiting entry by illegal aliens

HB 4845 (West Virginia) creates new state-level criminal offenses for "illegal entry into the state" and "illegal reentry," directly affecting individuals entering West Virginia without legal authorization. Key provisions establish penalties for these offenses, prohibit probation or parole for convictions, require the Criminal Identification Bureau to maintain records of such entries, and grant immunity to officials enforcing these provisions. The bill also mandates court procedures for deportation orders and ensures prosecution continues regardless of federal immigration status. It does not address border security but defines state-level criminal liability for unauthorized entry.

Topics ✗ Criminal Justice ✗ Immigration

Sub-Topics Courts Probation & Parole Driver Licenses & IDs Enforcement Sanctuary Policies

signed · West Virginia · Senate Jun 25, 2026

SB 650: Designating psychiatric hospital that treats exclusively civil and forensic patients

SB 650 amends West Virginia law to define a psychiatric hospital treating exclusively civil and forensic patients (with over 95% of its inpatient census being court-ordered forensic or civil involuntary commitments from state custody) as a "state-designated facility" for tax purposes. This change excludes such hospitals from the category of "eligible acute care hospitals" subject to a 0.75% tax on gross receipts, exempting them from this tax. The bill directly affects psychiatric hospitals in West Virginia meeting this specific patient mix requirement by altering their tax classification under the Medicaid funding structure.

Topics ✓ Budget & Taxes ✓ Criminal Justice ✓ Healthcare

Sub-Topics Courts Hospitals Medicaid Mental Health

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

HB 4451: Relating to establishing the Veteran Justice Act allowing conditional opportunity for veterans to avoid a record conviction

HB 4451, the Veteran Justice Act, creates a program allowing eligible veterans charged with certain offenses to avoid a criminal conviction or have a felony reduced to a misdemeanor. It applies to veterans with military-related conditions like PTSD, TBI, or substance use disorder (SUD) that contributed to their offense, provided the crime is probation-eligible and not excluded (e.g., murder, sexual assault). Eligible veterans enter a court-supervised program involving evidence-based treatment tailored to their military service challenges, a personalized case plan, and probation instead of incarceration. If they successfully complete the plan, they avoid conviction; failure results in standard sentencing. The bill excludes serious crimes like human trafficking and requires verification of veteran status using federal databases like SQUARES.

Topics ✓ Criminal Justice ✓ Healthcare ✓ Veterans

Sub-Topics Corrections Courts Human Trafficking Substance Abuse Veteran Housing Veteran Mental Health

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

HB 4998: Provide for a raise for private investigators hired by public defender offices or court appointed panel attorneys

HB 4998 increases the hourly pay rate for private investigators working with West Virginia public defender offices or court-appointed panel attorneys, raising it from $30 to $45 per hour. The bill amends existing law to directly affect these investigators by changing their compensation rate without altering application or payment processes. This is a straightforward pay adjustment targeting a specific group of public service workers who support indigent defense cases. The change applies to all such investigators employed under public defender services or court-appointed panels across the state.

Topics ✓ Criminal Justice

Sub-Topics Courts

in committee · West Virginia · House of Delegates Jan 29, 2026

HB 4923: Protecting Due Process in Firearm Confiscation Related to Protective Orders

This bill changes West Virginia law for domestic violence protective orders by requiring a court hearing with the respondent present and represented by counsel before restricting firearms. It mandates that courts must find "clear and convincing evidence" of an immediate danger (via documented threats or sworn testimony), not just general allegations, and prohibits using firearm confiscation as punishment. Respondents would automatically receive a 10-day appeal of any firearm restriction in the protective order. The bill directly affects individuals subject to domestic violence protective orders who might face firearm restrictions.

Topics ✓ Criminal Justice

Sub-Topics Courts Domestic Violence Firearms

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

HB 4468: Relating to confidentiality of court files and law-enforcement records

HB 4468 seeks to repeal Section 61-8B-19 of the West Virginia Code, which currently sets rules for keeping court files and law-enforcement records confidential. This bill would remove the existing legal requirements governing how these records must be handled and protected. It directly affects West Virginia courts and law enforcement agencies, which currently follow these confidentiality rules. The bill does not propose new rules for confidentiality but would eliminate the current statutory framework.

Topics ✗ Criminal Justice

Sub-Topics Courts Law Enforcement

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

HB 4699: To create the Substance Abuse Recovery Tax Credit

HB 4699 creates a tax credit for West Virginia employers who hire individuals participating in substance abuse recovery programs. It directly affects employers (with 1-100+ employees) and qualified individuals who are in good standing with a drug court program, working at least 120 hours monthly at minimum wage, and not displacing existing workers. Employers can claim a credit of up to $2,000 per eligible employee annually (capped at $14,000 total per business), based on their employee count (e.g., businesses with 1-10 employees can claim for 1 person). The credit requires annual application, verification of employee eligibility, and confidentiality protections for personal health information, with unused credits not carrying over.

Topics ✓ Budget & Taxes ✓ Criminal Justice ✓ Healthcare

Sub-Topics Tax Credits Courts Substance Abuse

in committee · West Virginia · Senate Jan 16, 2026

SB 433: Relating generally to reimbursement for costs of incarceration

This bill requires courts to charge defendants convicted of crimes for up to 30 days of incarceration costs (including time before conviction) in regional jails. Before imposing these costs, a court must hold a hearing to assess the defendant's ability to pay and cannot order payment if it would cause financial hardship. Defendants may later petition for relief from unpaid costs if paying would create hardship for them or their dependents. Any money seized as evidence must be used to cover regional jail costs, regardless of the defendant's financial status.

Topics ✓ Criminal Justice

Sub-Topics Corrections Courts

in committee · West Virginia · Senate Jan 20, 2026

SB 527: Creating process of obtaining and adjudicating pre-adjudicatory alternative disposition

SB 527 creates a new process for courts to offer alternatives to formal conviction, such as community service or treatment programs, for individuals facing certain criminal charges that could result in incarceration or in juvenile abuse and neglect cases. The bill establishes a specific procedure for requesting and reviewing these "pre-adjudicatory alternative dispositions," requiring courts to follow defined steps and documentation, including attaching certified copies of underlying court orders. It adds a new section (§49-4-607a) to West Virginia law and amends related sections to integrate this process into existing legal frameworks. This change directly affects defendants in eligible cases by providing an option to resolve their matter without a formal adjudication.

Topics ✓ Criminal Justice

Sub-Topics Corrections Courts Juvenile Justice

All criminal justice bills