SB 1068 would permit the death penalty for first-degree murder of a minor aged 16 or younger, or for first-degree sexual assault of a minor aged 16 or younger. It establishes that a minor victim under 16 is an aggravating circumstance requiring physical evidence (like DNA or an uncoerced confession) to trigger the death penalty. The bill adds new sentencing procedures, including a separate jury hearing to determine if the death penalty applies, with unanimous jury agreement required for a death sentence. This would directly affect defendants convicted of these specific crimes against minors in West Virginia. The bill repeals existing provisions (§61-11-2) related to capital punishment for such offenses.
SB 920, titled "Koda’s Law," mandates a life prison sentence without parole for anyone convicted of first-degree murder involving a minor victim (under 18) when a firearm is used. This bill directly affects defendants found guilty of this specific offense in West Virginia, replacing standard sentencing options with a mandatory life term. The key provision adds §61-2-2a to the state code, making life without parole the sole penalty for these crimes. The bill does not change murder definitions but requires automatic life sentences in these cases, removing judicial discretion for this subset of offenses.
SB 1037 would allow the death penalty for first-degree murder committed during a sexual abuse conviction (in the first degree) when the victim is under 12 years old and the defendant is over 18. The bill requires prosecutors to notify the court and defendant within 45 days of arraignment if seeking the death penalty, including the specific reasons they will argue for it. It also establishes procedures for jury selection, sentencing, and automatic review of death penalty cases by the West Virginia Supreme Court of Appeals. The bill repeals West Virginia’s existing ban on the death penalty to permit this specific application.
HB 5493 would require West Virginia courts to offer convicted sex offenders (specifically those found guilty of crimes against minors under §61-8-12 or related statutes) a choice between hormone treatment (medroxyprogesterone acetate or MPA) or surgical castration as an additional penalty, alongside standard sentencing. Courts must first confirm a defendant's medical suitability for MPA treatment through a court-appointed expert, and the treatment duration is specified in the sentence. Refusing MPA treatment after sentencing could result in a 1-5 year prison term. The bill also mandates a prerelease risk assessment for these offenders before their release from prison.
SB 783 proposes that defendants convicted of sexual battery (or attempted sexual battery) causing injury to the sexual organs of a child under 12 years old face a mandatory death penalty or life imprisonment without parole. The bill requires a separate sentencing hearing after conviction, where a jury must unanimously find at least two aggravating factors to consider the death penalty. If eight or more jurors recommend death, the court must impose it; otherwise, life without parole is required. This bill directly affects individuals convicted of this specific child sexual abuse offense in West Virginia.
SB 205 increases prison terms for second-degree murder (to 15-60 years) and voluntary manslaughter (to 5-25 years) in West Virginia. It also raises the minimum time served before parole eligibility to 15 years for second-degree murder and 5 years for voluntary manslaughter. The bill directly affects individuals convicted of these specific violent crimes, requiring longer sentences before parole consideration. These changes amend existing sentencing statutes without altering parole eligibility for other offenses.
This bill, formally titled the Patrolman Cassie Marie Johnson Memorial Act, amends West Virginia's murder sentencing laws to require the death penalty for first-degree murder when specific aggravating circumstances exist - particularly if the victim was a law enforcement officer killed in the line of duty. It establishes new procedures for jury sentencing, including requiring unanimous jury decisions on death penalty imposition based on specified aggravating factors (like killing an officer) and mitigating circumstances. The bill also mandates lethal injection as the execution method, requires automatic Supreme Court review of death sentences, and specifies protocols for handling death penalty cases, such as forensic DNA testing and transfer to correctional facilities. The memorial name honors Patrolman Cassie Marie Johnson but does not alter the bill's substantive legal provisions.
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.
SB 200 creates new criminal penalties for harming police dogs and other public safety animals trained to assist officers. It establishes three offense levels: misdemeanor fines ($200-$1,000) for physical injury, felony fines ($1,000-$3,000) or prison (1-5 years) for serious injury, and felony fines ($2,000-$5,000) or prison (2-10 years) for causing death. The bill explicitly exempts public safety officers who euthanize injured animals in their official duties and allows self-defense claims when protecting such animals. It also requires court-ordered restitution for convicted offenders and designates these offenses as qualifying for enhanced sentencing under recidivist laws.
HB 4755 adds "aggravated vehicular homicide" (defined in §17C-5-1(c)) to West Virginia's list of offenses that trigger enhanced sentencing for repeat offenders. This change directly affects individuals convicted of aggravated vehicular homicide who have prior qualifying offenses under the state's recidivism laws. The bill amends Section 61-11-18 of the West Virginia Code to include this offense, meaning a second or third conviction for this crime could result in harsher penalties if the offender has previous serious convictions. The law focuses on increasing penalties for repeat offenders in cases involving severe DUI-related fatalities.
