This bill creates a new felony offense for indecent exposure committed in front of minors and requires individuals convicted of this crime to register as sex offenders. The legislation defines indecent exposure as exposing one's nude penis, vagina, or anus and includes undressing in opposite-sex locker rooms as a violation while removing exemptions for breastfeeding. Penalties increase with repeat offenses, and the new crime counts as a qualifying offense for recidivist sentencing enhancements. The bill also clarifies that registration requirements apply retroactively to past convictions involving these offenses.
This bill creates a truancy pre-trial diversion program in West Virginia that allows parents, guardians, and custodians of truant children to avoid criminal conviction if they address the truancy and its underlying causes. It amends existing laws to delay sentencing for parents and guardians involved in truancy cases, giving them additional time to resolve attendance issues and access support services. The legislation also permits judges to require the Department of Human Services to provide home-based family preservation services for families facing truancy charges. Additionally, the bill removes criminal penalties for students who have reached the age of majority, focusing instead on requiring school attendance without jail time.
HB 5436 amends West Virginia law to classify police canines as "law enforcement officers" when actively working with human officers, directly affecting police departments and canine units. The bill specifies that officers defending a canine during duty may use the same level of force as they would to protect a human officer. It clarifies that canines are not state employees and do not receive personnel protections, but their protection during service is treated as equivalent to protecting a human officer. This is a definitional change, not a new penalty, with no specific sentencing details provided in the text.
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 1016, the "Second Look Sentencing Act," allows West Virginia judges to reconsider prison sentences of 10+ years for individuals who committed offenses before age 25 and have served at least 10 years. The bill requires courts to evaluate factors like rehabilitation efforts, maturity, victim input, and the defendant's age at the time of the crime before reducing a sentence. If approved, sentences may be reduced to time served or modified with up to five years of supervised release, while ensuring defendants have a right to a hearing with appointed counsel. The law specifically targets young offenders whose circumstances may have changed significantly after a decade in prison, aiming to balance public safety with opportunities for reintegration.
HB 5156, the Second Look Sentencing Act, allows West Virginia judges to reconsider prison sentences exceeding 10 years for individuals who have served at least a decade. To qualify, a person must demonstrate they are not a danger, pose no credible risk of reoffending, show readiness for reentry, and meet the interests of justice. The court must consider factors like rehabilitation progress, age at offense and petition, victim input, and completion of correctional programs before modifying the sentence, with a presumption of release for applicants aged 50 or older. Any sentence modification requires up to five years of supervised release post-release, and denied applicants may reapply under specific time limits.
HB 4886 clarifies travel permissions for individuals under home confinement in West Virginia. It specifies that people confined to their homes may travel only for essential purposes: work, medical appointments, religious services at their chosen place of worship, court-ordered activities, and grocery shopping for food and household items. The bill amends existing law to explicitly define these permitted destinations, removing ambiguity about allowable travel. This directly affects individuals sentenced to home confinement by circuit or magistrate courts. The change focuses solely on defining permitted travel, not altering sentencing terms or monitoring requirements.
SB 105 (Restricting public access to crime records) allows certain individuals with pardoned or dismissed criminal charges to petition a court to limit public access to their records. Eligible individuals must have received a full pardon (with no recent non-traffic convictions or pending charges) or had charges dismissed/reduced to a local ordinance violation. The court can restrict access if it determines the harm to the person outweighs public interest, after a hearing and publication notice. Records remain accessible for sentencing, law enforcement, bar admissions, and other specific official uses, but are restricted for general public view. This bill does not apply to violent crimes, animal violence, or certain drug offenses involving violence.
HB 4779 requires West Virginia parole boards to consider a sentencing judge's recommendation for a specific term of imprisonment when reviewing cases involving certain felony offenses. The bill applies to 44 designated crimes, including DUI causing death, drug trafficking near schools, sexual assault, murder, and child abuse. Under this law, judges may recommend a definite prison term during sentencing for these offenses, and parole boards must factor that recommendation into their decisions. This change modifies how parole considerations are handled for these specific cases but does not alter sentencing authority or penalties.
