Crime
West Virginia 2018 Regular Session
Establishing a fee for the expungement of certain criminal convictions [HB-4353]
[Crime ]
[Criminal Justice ]
[Public Safety ]
The purpose of this bill is to establish a fee for the expungement of certain criminal convictions upon proper petition.
Sponsored by: Sen. Rupert Phillips
Filed For Introduction on 01/30/2018
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Relating to voluntary contributions to the West Virginia State Police Forensic Laboratory Fund [HB-4347]
[Crime ]
[Law Enforcement ]
[Funding ]
[Public Safety ]
The purpose of this bill is to permit individuals to voluntarily contribute to the West Virginia State Police Forensic Laboratory Fund.
Sponsored by: Rep. Andrew Byrd
Chapter 108, Acts, Regular Session, 2018 on 04/16/2018
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West Virginia 2018 Regular Session
Relating to the powers and authority of the Divisions of Administrative Services, and Corrections and Rehabilitation of the Department of Military Affairs and Public Safety [HB-4338]
[Crime ]
[Criminal Justice ]
[Public Safety ]
[Military ]
[Labor, Jobs, Employment ]
The purpose of this bill concerns the powers and authority of the newly created Department of Military Affairs and Public Safety Divisions of Administrative Services and Corrections and Rehabilitation. The bill abolishes certain divisions and authorities. The bill sets forth legislative intent. The bill sets forth the institutions to be controlled by the Commissioner of Corrections and Rehabilitation. The bill establishes law enforcement powers. The bill establishes employment criteria. The bill establishes rules for offenders and inmates. The bill
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Sponsored by: Rep. Rodney Miller
Chapter 107, Acts, Regular Session, 2018 on 04/16/2018
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West Virginia 2018 Regular Session
Restricting the sale and trade of dextromethorphan [HB-4309]
[Consumer Protection ]
[Public Health ]
[Pharmaceuticals ]
[Public Safety ]
[Crime ]
[Children and Youth ]
The purpose of this bill is to restrict the sale and trade of dextromethorphan. The bill sets age limits. The bill defines terms. The bill establishes penalties. The bill preempts local ordinances and requires rulemaking.
Sponsored by: Rep. Mick Bates
Rereferred To Judiciary On 2nd Reading on 03/07/2018
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West Virginia 2018 Regular Session
Mandating cognitive behavioral therapy for those who have violated the law for computer sex crimes [HB-4310]
[Crime ]
[Cybersecurity ]
[Mental Health ]
[Criminal Justice ]
[Public Safety ]
The purpose of this bill is to require cognitive behavioral therapy for those who have violated the law for computer sex crimes.
Sponsored by: Rep. Rodney Miller
Filed For Introduction on 01/26/2018
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West Virginia 2018 Regular Session
Prohibiting the use of anabolic steroids and certain Class I drugs on racing dogs [HB-4293]
[Animals ]
[Sports ]
[Public Safety ]
[Law Enforcement ]
[Consumer Protection ]
The purpose of this bill is to prohibit the use of anabolic steroids and certain Class I drugs on racing dogs. It provides fines for violators and make the dogs temporarily ineligible to race for testing positive for the drugs. It also requires the Racing Commission to publish certain information regarding the presence of drugs in racing dogs on its website each month and in its annual report.
Sponsored by: Rep. Jim Butler
Filed For Introduction on 01/24/2018
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West Virginia 2018 Regular Session
Prohibiting civil rights violations based on gender identity, or sexual orientation [HB-4281]
[Race and Civil Rights ]
[Criminal Justice ]
[Law Enforcement ]
[Human Rights ]
The purpose of this bill is to prohibit civil rights violations based on gender identity, or sexual orientation. The bill provides that evidence of constitutionally protected speech or associations is not admissible in criminal prosecutions except in certain situations. The bill provides for sentencing alternatives for persons convicted of violations. And, the amendments to this section are to be known as the “Justice Through Grace in Communities Act”.
Sponsored by: Rep. Tim Miley
Filed For Introduction on 01/24/2018
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West Virginia 2018 Regular Session
Changing the Unborn Victims of Violence Act to the Unborn Victims of Abuse Act [HB-4282]
[Crime ]
[Criminal Justice ]
[Public Safety ]
[Children and Youth ]
[Law Enforcement ]
The purpose of this bill is to change the name of the Unborn Victims of Violence Act to the Unborn Victims of Abuse Act. The bill permits a “person” to be exempt from a certain provision of the act. The bill defines the term “person.”
Sponsored by: Rep. Justin Marcum
Filed For Introduction on 01/24/2018
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West Virginia 2018 Regular Session
Repealing a section of the code relating to the penalty for performing an abortion [HB-4264]
[Reproductive Rights / Abortion ]
The purpose of this bill is to repeal a section of the code which was declared unconstitutional in Doe v. Charleston Area Medical Center, Inc., 529 F.2d 638 (4th Cir. 1975).
Sponsored by: Rep. Barbara Fleischauer
Filed For Introduction on 01/23/2018
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West Virginia 2018 Regular Session
Authorizing the prosecuting attorney to issue a subpoena duces tecum for certain documents [HB-4252]
[Crime ]
[Criminal Justice ]
[Public Safety ]
The purpose of this bill is to authorize the prosecuting attorney to issue a subpoena duces tecum for documents deemed material while conducting a criminal investigation.
Sponsored by: Rep. Rodney Miller
Filed For Introduction on 01/22/2018
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West Virginia 2018 Regular Session
Placing a seven-day supply limitation on the amount of Schedule II drugs which can be lawfully prescribed [HB-4254]
[Healthcare ]
[Public Health ]
[Pharmaceuticals ]
[Law Enforcement ]
[Crime ]
[Criminal Justice ]
[Public Safety ]
[Overdose Prevention ]
The purpose of this bill is to place a seven-day supply limitation on the amount of Schedule II drugs which may be lawfully prescribed. It includes exceptions to the prohibition.
Sponsored by: Rep. Roger Hanshaw
Filed For Introduction on 01/23/2018
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West Virginia 2018 Regular Session
Permitting an attending physician to obtain a patient’s autopsy report [HB-4217]
[Healthcare ]
[Public Health ]
The purpose of this bill is to permit an attending physician to obtain his or her patient’s autopsy report.
Sponsored by: Rep. Martin Atkinson
Chapter 29, Acts, Regular Session, 2018 on 04/16/2018
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West Virginia 2018 Regular Session
Increasing penalties for public school employees that embezzle public funds [HB-4211]
[Education ]
[Crime ]
[Criminal Justice ]
[Public Safety ]
[Law Enforcement ]
The purpose of this bill is to increase penalties for school employees convicted of embezzling public funds.
Sponsored by: Rep. Justin Marcum
Filed For Introduction on 01/19/2018
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West Virginia 2018 Regular Session
Relating to intentional killing based on status as law- enforcement officer [HB-4212]
[Crime ]
[Public Safety ]
[Criminal Justice ]
The purpose of this bill is to require a minimum criminal penalty of life imprisonment upon conviction of first degree murder, second degree murder, or voluntary manslaughter if the convicted party selected the victim of such crime based on the victim’s actual or perceived employment as a law-enforcement officer.
Sponsored by: Rep. Justin Marcum
Filed For Introduction on 01/19/2018
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West Virginia 2018 Regular Session
Including possession of known stolen property in the offense of receiving or transferring stolen property [HB-4196]
[Crime ]
[Criminal Justice ]
[Public Safety ]
The purpose of this bill is to include possession of known stolen property in the offense of receiving or transferring stolen property.
Sponsored by: Rep. Rodney Miller
Filed For Introduction on 01/18/2018
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West Virginia 2018 Regular Session
Allowing state and federal law-enforcement officers to testify as to the contents and evidence of a wiretap or electronic surveillance [HB-4193]
[Crime ]
[Criminal Justice ]
[Cybersecurity ]
[National Security ]
[Public Safety ]
The purpose of this bill is to allow state and federal law-enforcement officers to testify as to the contents and evidence of a wiretap or electronic surveillance obtained in state court in criminal proceedings both in state courts and federal courts. The bill provides that certain information that had previously been excluded may now be used for obtaining an arrest warrant or an indictment.
Sponsored by: Rep. Rodney Miller
Filed For Introduction on 01/18/2018
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West Virginia 2018 Regular Session
Relating to custody and disposal of seized controlled substances and drugs [HB-4194]
[Crime ]
[Public Safety ]
[Pharmaceuticals ]
[Overdose Prevention ]
[Public Health ]
The purpose of this bill is to clarify the procedure of handling seized controlled substances and drugs; designation of custodian by law enforcement; chemical analysis and disposal of seized controlled substances or drugs in misdemeanor investigations or collection; and authorization of collection and disposition of unused medicine or controlled substances at scene of a death.
Sponsored by: Rep. Justin Marcum
Filed For Introduction on 01/18/2018
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West Virginia 2018 Regular Session
Clarifying the offense of burglary, and adding provisions for the criminal trespassing of a dwelling [HB-4195]
[Crime ]
[Criminal Justice ]
[Public Safety ]
The purpose of this bill is to clarify the offense of burglary, eliminate the differentiation between daytime and nighttime burglary and add provisions for the criminal trespassing of a dwelling.
Sponsored by: Rep. Justin Marcum
Filed For Introduction on 01/18/2018
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West Virginia 2018 Regular Session
Prohibiting smoking of tobacco products in a motor vehicle while an individual sixteen years of age or less is present [HB-4177]
[Public Health ]
[Transportation and Motor Vehicles ]
[Children and Youth ]
[Law Enforcement ]
[Public Safety ]
The purpose of this bill is to prohibit the use of lit tobacco products in a motor vehicle while individuals sixteen years of age or under of are present. The bill also provides that the misdemeanor offense created by this section is a secondary offense that may only be charged if a driver has been detained for violation of another vehicle law.
Sponsored by: Rep. Charlotte Lane
Filed For Introduction on 01/18/2018
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West Virginia 2018 Regular Session
Establishing an alternative methodology for pretrial release of persons charged with crimes [HB-4160]
[Crime ]
[Criminal Justice ]
[Public Safety ]
The purpose of this bill is to remove posting bail as the primary way of establishing conditions of release for pretrial defendants.
Sponsored by: Rep. Tim Miley
Filed For Introduction on 01/16/2018