Criminal Justice

HB 4857 increases penalties for transporting telecommunication devices (like cell phones) into West Virginia correctional facilities. It directly affects visitors, staff, or others attempting to bring such devices into jails or state correctional facilities without authorization. The bill makes it a felony to transport devices onto facility grounds (fines of $1,000-$5,000 or 2-10 years imprisonment) and a misdemeanor to knowingly bring them into restricted areas without approval (fines of $100-$500 or up to 1 year in jail). These provisions aim to prevent unauthorized communication devices from entering secure facilities.

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 4988 would impose a life sentence on individuals convicted of knowingly distributing fentanyl, either alone or mixed with other substances. This amendment to West Virginia’s drug law specifically increases penalties for fentanyl trafficking under §60A-4-401(a)(i), replacing standard prison terms with life imprisonment when the dealer knew the substance was fentanyl. It directly affects convicted fentanyl dealers (not users or other drug offenses) who meet the "knowing" threshold. The bill targets fentanyl specifically, as other drug offenses retain lower penalties under the existing code.

HB 4566 increases penalties for drivers who flee the scene of a crash causing injury or death in West Virginia. It raises fines and prison terms based on severity: up to $1,000 or one year in jail for bodily injury, up to $2,500 or three years for serious injury, and up to $5,000 or 20 years for death (with death occurring within one year of the crash). The bill also mandates a one-year license revocation for convicted offenders. It defines "serious bodily injury" as injury creating substantial risk of death, disfigurement, or prolonged health impairment, and names the law "Erin’s Law."

HB 4413 bans syringe exchange programs in West Virginia by making them unlawful under new law, requiring all existing programs to cease operations by the effective date. It allows harm reduction services (like overdose prevention education, naloxone distribution, and referrals to treatment) to continue without needle exchanges during a 120-day transition period for patient care. Operators who continue syringe exchanges after the effective date face daily civil penalties of up to $2,500, and the state health office can seek court orders to enforce the ban. The bill specifically prohibits offering sterile needles without a prescription, while permitting other health services that don’t involve syringe exchanges.