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.
HB 4920, the "Second Amendment Preservation Act," declares federal regulations on intrastate firearm sales within West Virginia invalid, directly affecting West Virginia residents buying, selling, or transferring firearms, accessories, or ammunition within the state. It prohibits the ATF and other federal entities from enforcing rules that restrict these in-state transactions, stating such actions violate both the U.S. and West Virginia constitutions. The bill imposes civil penalties of $50,000 per violation for federal enforcement attempts and requires the West Virginia Attorney General to defend citizens prosecuted federally or sue federal agencies for violations. It also mandates state law enforcement to refuse enforcing federal gun regulations that infringe on Second Amendment rights.
This bill amends West Virginia law to specifically prohibit transporting telecommunications devices (like cell phones) into correctional facilities, including federal prisons. It increases penalties for delivering such devices to inmates or unauthorizedly bringing them onto facility grounds, with felony charges carrying fines up to $5,000 or up to 10 years in prison, and misdemeanor charges for lesser violations. The law directly affects visitors, family members, staff, or others attempting to bring devices into jails or prisons without authorization. It expands existing restrictions by explicitly naming telecommunications devices and updating their definition within the legal framework.
SB 154 prohibits digitally inserting an actual minor’s image into sexually explicit content to falsely depict the minor as participating in the conduct. It directly affects anyone who modifies photographs, videos, or recordings containing sexually explicit material by adding a visual image of a living or former minor (under 18 when the original image was taken). The bill creates a new felony offense punishable by up to five years in prison, a $10,000 fine, or both. This law establishes a separate criminal penalty distinct from other offenses under West Virginia law.
SB 74 (introduced by Senator Thorne) creates a new criminal offense for intentionally blocking public highways, streets, sidewalks, or other public passageways without legal authority. It defines "obstruct" as making passage impassable or unreasonably inconvenient/hazardous, and penalizes violations as a misdemeanor (fines of $500+ or up to 1 year in jail). Aggravated cases - such as blocking emergency vehicles, hospitals, or repeat offenses - become felonies with penalties of $1,000+ fines or 1-3 years in prison. The bill directly affects individuals who obstruct public routes (e.g., during protests or accidents) and law enforcement tasked with enforcing it.
HB 4415 amends West Virginia law to explicitly include federal correctional facilities in existing statutes prohibiting the smuggling of prohibited items into correctional settings. The bill makes it a misdemeanor to deliver items like food, clothing, or money without permission (fines up to $500, jail up to 12 months) and a felony to transport weapons, drugs, escape tools, or telecommunications devices (fines $1,000-$5,000, prison 1-10 years). It directly affects individuals attempting to smuggle contraband into federal prisons located within West Virginia, such as visitors, family members, or others delivering unauthorized items. The law updates prior penalties for smuggling into state facilities to apply uniformly to federal correctional institutions.
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.
HB 4695 doubles criminal penalties for specific offenses against minors in West Virginia. It increases maximum prison terms and fines for sexual assault in the third degree (from 5 to 10 years/ $10,000 to $20,000), sexual abuse in the third degree (from 3 to 5 years/ $500 to $1,000), child neglect resulting in death (from 15 to 40 years/ $5,000 to $10,000), and sexual abuse by parents/guardians (from 20 to 40 years/ $5,000 to $10,000). The bill directly affects individuals convicted of these crimes against minors under 16 years old or in positions of trust over children. These changes amend sections §61-8B-5, §61-8B-9, §61-8D-4a, and §61-8D-5 of West Virginia law.
HB 4662 would add penalties for West Virginia inmates found in possession of illegal drugs or testing positive for drug use while incarcerated. For a first offense, it mandates adding six months to an inmate's current sentence (to be served consecutively), and for each subsequent offense, it requires adding one year consecutively. The bill also requires drug testing to begin after three months of incarceration, with ongoing testing based on equipment availability or suspicion. This law directly affects inmates in West Virginia correctional facilities who test positive or possess drugs during their sentence.
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.
