HB 5334 protects residential tenants in West Virginia who face safety threats. It allows tenants to end leases without penalty if they fear imminent violence from domestic abuse, sexual conduct, stalking, or sexual extortion - without requiring a conviction. Landlords cannot block tenants from calling police or penalize them for doing so, and must keep all related details (like the perpetrator's name or relocation address) confidential. The bill also prohibits landlords from using such information in databases or against tenants in eviction cases, while requiring written notice with proof of the threat before lease termination.
HB 5093 allows individuals convicted of nonviolent felonies to work in licensed behavioral health facilities after completing their criminal sentences, provided they meet conditions set by new rules. The West Virginia Department of Health must create these rules for legislative approval, focusing on patient and staff safety while not overriding existing professional licensing requirements under Chapter 30. The bill directly affects formerly incarcerated individuals seeking employment in this sector and facilities that hire them. It requires specific safety-focused regulations but does not change current licensing standards for regulated professions.
HB 5674, titled "Prohibiting civil rights violations based on disability, gender identity or sexual orientation," makes it a felony to commit violence or intimidation against someone because of their disability, gender identity, or sexual orientation. It establishes criminal penalties of up to $5,000 fines or 10 years in prison for such bias-motivated acts, while requiring judges to consider alternative sentencing like community corrections. The bill explicitly excludes protected speech or labor union activities from being used as evidence in prosecutions, and prohibits using constitutionally protected associations as grounds for conviction unless directly tied to the crime. This law directly affects individuals targeted by bias-based violence, those committing such acts, and the criminal justice system through revised sentencing guidelines.
SB 980 clarifies that the Office of the Prosecuting Attorney in West Virginia is exempt from the state's Freedom of Information Act (FOIA). The bill amends the law to explicitly state that this office is not a "custodian of records," meaning records related to crime investigations held by prosecuting attorneys are not subject to public disclosure. This change directly affects prosecuting attorneys' offices by confirming that their internal case materials remain confidential under current law. The bill does not create new exemptions but provides clear language to prevent misinterpretation of existing rules.
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HB 5413 creates a Central Abuse Registry managed by the West Virginia State Police to track individuals convicted of abuse, neglect, or misappropriation of property involving children, incapacitated adults, or adults receiving behavioral health services in specific settings like residential care facilities, day care centers, or home care. It requires registrants to provide personal details (name, DOB, SSN) and pay an annual $125 fee to the circuit clerk, with fees funding mental health services for State Police employees. The registry combines existing requirements, so those already registering as sex offenders only pay one $125 fee instead of separate fees. Failure to pay the fee does not violate supervised release, but unpaid fees may result in a recorded judgment lien.
HB 5020 prohibits individuals on the state sex offender registry, convicted of sexual assault, or convicted of juvenile abuse from entering public school property or attending school events. It directly affects these individuals and requires schools to hold parent-teacher conferences with them via phone or virtual meeting instead of on-site. Violating this ban is a misdemeanor for a first offense (up to six months in jail) and a felony for repeat offenses (one to five years in prison). The bill also allows the State Board of Education to create implementing rules.
HB 5530 moves the Critical Incident Review Team from the Department of Human Services (DHS) to the Office of Inspector General and updates its membership. The team reviews child fatalities or near-fatalities involving DHS cases, including children in foster care or connected to families with DHS involvement, to identify prevention strategies. Key changes include adding a Senate member (appointed by the Senate President) and a House member (appointed by the House Speaker) as non-voting ex-officio members, while retaining key DHS and child welfare stakeholders. The bill aims to improve oversight of child welfare system safety by centralizing the review process under the Inspector General's office.
HB 5101, the Joanna Phillips Domestic Violence Prevention Act, increases penalties for specific domestic violence offenses in West Virginia. It raises the minimum prison sentence for strangulation, suffocation, or asphyxiation of a family or household member (causing injury or loss of consciousness) from one year to two years, and for repeat offenders from one year to three years. For second offenses of domestic battery or assault, the bill sets a minimum jail term of 60 days and increases the maximum fine from $500 to $4,000. The bill also alters bail requirements for domestic violence cases to enhance victim safety protections.
This bill creates a new criminal offense called "child torture" in West Virginia law, targeting caregivers, parents, or others with a duty of protection who intentionally or recklessly subject a child under their care to severe physical or psychological acts. It defines torture as including acts like breaking limbs, inflicting prolonged pain, depriving food/water for unreasonable periods, sexual abuse, or terrorizing the child to cause significant emotional distress. The bill establishes felony penalties: 1-5 years in prison if no bodily injury occurs, and 2-10 years if bodily injury results. It directly affects individuals in positions of trust over children, such as parents, guardians, or custodians, by imposing specific criminal consequences for documented severe abuse.
SB 848 is a supplemental appropriation bill that allocates $84,600 from an unappropriated surplus balance in the State Fund, General Revenue, to cover inmate medical expenses for the Division of Corrections and Rehabilitation under the Department of Homeland Security during fiscal year 2026. This funding specifically targets Correctional Units within the Division and uses existing surplus funds identified in the Governor’s budget document. The bill does not create new programs or alter policies but directs available resources to address medical costs for inmates. It is a routine budget adjustment, not a policy change, to ensure necessary healthcare funding for correctional facilities.
