Maddy summaryHB 2613 reclassifies possession of Schedule I and II narcotics and methamphetamine as felonies in West Virginia, increasing penalties from previous misdemeanor or lesser felony classifications. It establishes minimum prison sentences of one to three years for these offenses (up to 15 years for fentanyl), prohibits probation for certain drug convictions, and requires inert substances mixed with drugs to count toward weight measurements for sentencing. The bill also mandates a minimum 10-year prison term for "drug delivery death" cases and creates a process to reduce some felony convictions to misdemeanors under specific conditions. This bill directly affects individuals convicted of drug possession in West Virginia, particularly for higher-schedule substances.
Del. Jordan Maynor
Sponsored bills
Maddy summaryHB 2617 amends West Virginia law to require law enforcement to obtain a warrant before entering privately owned land that is posted with "No Trespassing" signs, except in emergencies. The bill directly affects landowners who post their property and law enforcement agencies by clarifying that warrantless entry is generally prohibited. Key provisions include updating §20-1-7 (which governs Natural Resources entry powers) to add these warrant requirements and clarifying that surveillance cameras on or near posted private lands must comply with these rules. The bill does not change existing emergency exceptions for law enforcement entry during immediate threats.
Maddy summaryHCR 53 is a House Concurrent Resolution (not a law) affirming West Virginia's constitutional right to legal standing in matters affecting its residents. It states the state recognizes no judicial authority that denies West Virginia's standing in issues impacting its people, citing the Tenth Amendment, the Declaration of Independence, and West Virginia's own Constitution. The resolution declares any effort to restrict this standing "illegal, void, and an attack on the sovereignty of the People and State." As a concurrent resolution, it expresses the legislature's position but does not create new law or directly affect residents.
Maddy summaryHB 2386 requires law enforcement to obtain a warrant before entering private lands for searches or seizures, directly affecting landowners and law enforcement officers. The bill prohibits warrantless entry onto posted private property, bans surveillance cameras on private land, and clarifies that using drones to gather information from private land constitutes a search requiring a warrant. It abolishes the common law "open fields" doctrine, which previously allowed warrantless searches in unoccupied areas, and sets specific procedures for lawful entry. These changes aim to strengthen privacy protections for private property owners across West Virginia.
Maddy summaryHB 2540 requires the West Virginia state to reimburse counties for daily incarceration costs when an inmate’s conviction results in credit for time already served toward their sentence. This directly affects counties that house inmates who receive sentence reductions due to prior time served in custody. The bill amends §15A-3-16 of state code to establish a reimbursement process for these costs, replacing the current system where counties pay daily per diem fees. Previously, counties paid for all days incarcerated, but the state now covers costs for days not served due to time credit.
Maddy summaryHB 2460 requires state permitting agencies, counties, and municipalities to treat private and parochial schools the same as public schools for all construction-related requirements. This includes building permits, fees, safety standards, wastewater management, septic systems, and the speed of permit approvals. The bill directly affects private and parochial schools (non-public, often religiously affiliated institutions) and the government entities that regulate construction processes. It mandates equal application of these rules to end current disparities where private schools faced stricter or different requirements than public schools.
Maddy summaryHB 2433 requires magistrates to order mental health evaluations for defendants charged with violating protective orders, personal safety orders, or making threats of terroristic acts before setting bail. The evaluation, conducted by a state-licensed provider, must occur within 10 days and result in a report to the magistrate within 48 hours. Magistrates must then hold a bond hearing within 5 days of receiving the report. This policy change aims to determine if mental health treatment is needed as a condition of bond for these specific cases.
Maddy summaryHB 2454 clarifies protections for small-scale urban farming operations in West Virginia. It defines "agricultural residential land" as residential property used for limited urban agriculture, including keeping up to six chickens or maintaining apiaries for personal use or selling non-hazardous food. The bill prevents lawsuits against these operations unless the complainant already occupied adjacent land before the farming began. It also preempts local ordinances that conflict with agricultural activities on such land, ensuring state law supersedes conflicting municipal rules. This directly affects homeowners in towns and cities who engage in small-scale food production on their residential property.
Maddy summaryHB 2458, the School Board Election Date Act, requires all West Virginia school districts to hold board elections on the first Tuesday after the first Monday in November - coinciding with general elections. This directly affects school districts and candidates running for school board positions by standardizing election timing. The bill mandates that school board candidate names be listed alphabetically on ballots and references existing law for filling vacancies. It does not change election eligibility or voting procedures beyond the date and candidate listing requirements.
Maddy summaryHB 2455, the Birth Freedom Act, protects women's rights to choose where and with whom they give birth, including home births or birth centers, and to direct all aspects of their prenatal, labor, delivery, and postpartum care. It removes barriers for birth centers by repealing certificate of need requirements, eliminating mandatory hospital transfer agreements, and prohibiting state agencies from creating new mandatory occupational licenses for maternal care providers. The bill explicitly states that birth centers are exempt from location proximity rules to hospitals and clarifies that midwives may practice within their training scope (but cannot prescribe medications). This directly affects women seeking non-hospital birth options, midwives, birth center operators, and healthcare providers offering maternal care in non-hospital settings.