Crime

State (West Virginia)
West Virginia 2017 Regular Session

Defining and establishing the crime of cyberbullying [HB-2419]
The purpose of this bill is to define and establish the crime of cyberbullying and to establish penalties for violations of this section.

  

Sponsored by: Rep. Andrew Robinson Filed For Introduction on 02/14/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Increasing penalty for crime of child abuse causing death by parent, guardian, custodian or other person [SB-288]
The purpose of this bill is to double the penalties for child abuse offenses and name the amendments.

  

Sponsored by: Sen. Mitch Carmichael Chapter 55, Acts, Regular Session, 2017 on 05/23/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Requiring a minimum criminal penalty of life imprisonment for killing of an individual if based on his or her status as a law-enforcement officer [HB-2426]
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 02/14/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Relating to the purchase of scrap metal [HB-2382]
The purpose of this bill is to prohibit cash payments for scrap metal and require scrap metal dealers to pay only by check for deliveries.

  

Sponsored by: Rep. Matthew Rohrbach Filed For Introduction on 02/13/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Establishing a criminal offense of organized retail crime [HB-2367]
The purpose of this bill is to establish a new crime of organized retail crime, establishing penalties; and providing for forfeiture of property or other asset derived from organized retail crime.

  

Sponsored by: Rep. Justin Marcum Chapter 53, Acts, Regular Session, 2017 on 05/23/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Providing death penalty for first degree murder [HB-2390]
The purpose of this bill is to provide for a death penalty and procedures and standards applicable thereto, and automatic review of the penalty, for commission of murder in the first degree. Procedures for carrying out the death sentence are established.

  

Sponsored by: Rep. Justin Marcum Filed For Introduction on 02/13/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Relating to the use of drone surveillance of private citizens [HB-2384]
The purpose of this bill is to create restrictions on the use of drones or unmanned aircraft systems on another person’s property in order to view or capture pictures, video, or surveillance for the use of the person operating the drone and establish penalties for violating those restrictions.

  

Sponsored by: Sen. Michael Caputo Filed For Introduction on 02/13/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Relating to the criminal offense of desecration of graves and vandalizing cemeteries [HB-2352]
The purpose of this bill is to mandate that anyone who desecrates a grave or vandalizes a cemetery shall perform one thousand hours of service to the cemetery involved in the offense.

  

Sponsored by: Rep. Nancy Foster Filed For Introduction on 02/13/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Creating crime of nonconsensual distribution of sexual images [SB-240]
The purpose of this bill is to create the crime of distribution of nude and sexually explicit images when the person depicted has an expectation of privacy.

  

Sponsored by: Sen. Ryan Ferns Chapter 54, Acts, Regular Session, 2017 on 05/23/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Relating generally to human trafficking [HB-2318]
The purpose of this bill is to strengthen and establish criminal offenses relating to human trafficking. The bill eliminates an existing criminal offense and penalty for human trafficking, and establishes a new article with multiple offenses and penalties. In addition to human trafficking, the bill creates felony offenses and penalties for using an individual in forced labor, debt bondage, and commercial sexual activity. The bill also creates a felony offense of patronizing an individual to engage in commercial sexual activity. The bill clarifies (continued...)

  

Sponsored by: Rep. Barbara Fleischauer Chapter 129, Acts, Regular Session, 2017 on 05/23/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Prohibiting the production, manufacture or possession of fentanyl [HB-2329]
The purpose of this bill is to make unlawful the production, manufacture or possession of fentanyl.

  

Sponsored by: Rep. Chad Lovejoy Chapter 38, Acts, Regular Session, 2017 on 05/23/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Prohibiting sex offender registrants from having Halloween related contact with children [HB-2322]
The purpose of this bill is to prohibit sex offender registrants from having Halloween related contact with children. The bill also provides a misdemeanor criminal penalty for violations.

  

Sponsored by: Rep. Saira Blair Filed For Introduction on 02/10/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Modifying crime of fleeing scene of accident involving injuries [SB-208]
The purpose of this bill is to modify the crime of fleeing the scene of an accident involving injuries. It also increases criminal penalties when there is a death proximately resulting from the accident.

  

Sponsored by: Sen. Ryan Weld Filed For Introduction on 02/09/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Excluding from protection oral communications uttered in child care center under Wiretapping and Electronic Surveillance Act [SB-233]
The purpose of this bill is to exclude from protection under the Wiretapping and Electronic Surveillance Act oral communications uttered in a child care center where there are notices posted informing persons that their oral communications are being intercepted; and defining “child care center”.

  

Sponsored by: Sen. Charles Trump Chapter 58, Acts, Regular Session, 2017 on 05/23/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Increasing minimum sentence for individuals convicted of manufacturing, delivering or transporting controlled substances in presence of minor [SB-223]
The purpose of this bill is to increase the minimum sentence by three years for individuals convicted of manufacturing, delivering, or transporting controlled substances in the presence of a minor.

  

Sponsored by: Sen. Michael Maroney Filed For Introduction on 02/09/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Relating to WV Contraband Forfeiture Act [SB-226]
The purpose of this bill is to under the West Virginia contraband forfeiture act adopt a clear and convincing evidence standard; shorten the time to institute forfeiture proceedings; designate persons to be made respondents to a petition for forfeiture; redirect the disposition of all forfeited property; provide for the disposition of property when forfeiture is not ordered; and provide for the effects of amendments to the law on pending actions.

  

Sponsored by: Sen. Charles Trump Filed For Introduction on 02/09/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Relating to conspiracy to commit crimes under Uniform Controlled Substances Act [SB-219]
The purpose of this bill is to create a criminal offense to hold all participants involved in a conspiracy to violate the drug laws responsible. The bill establishes sentences based upon quantities for certain controlled substances, and allows all substances possessed or delivered among the members of the conspiracy to be attributed to a defendant.

  

Sponsored by: Sen. Ryan Weld Chapter 41, Acts, Regular Session, 2017 on 05/23/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Relating generally to criminal offense of kidnapping [SB-206]
The purpose of this bill is to expand the definition of kidnapping to including taking or gaining custody of, confining or concealing another person by force or threat of force; or by duress, fraud, deceit misrepresentation or enticement.

  

Sponsored by: Sen. Ryan Weld Chapter 52, Acts, Regular Session, 2017 on 05/23/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Relating to offenses and penalties under Uniform Controlled Substances Act [SB-220]
The purpose of this bill is to create a new felony offense for a drug delivery that results in the death of another person and providing a felony criminal penalty.

  

Sponsored by: Sen. Ryan Weld Chapter 42, Acts, Regular Session, 2017 on 05/23/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Establishing new procedures for courts with criminal jurisdiction to suspend and revoke driver’s licenses based on D.U.I. [HB-2306]
The purpose of this bill is to eliminate the Division of Motor Vehicle’s administrative hearing process for suspending and revoking driver’s licenses based on D.U.I.; to eliminate all statutory provisions authorizing or requiring the division to take action upon an individual’s driver’s license based on D.U.I., in the absence of a conviction or court order; to establish new procedures for courts with criminal jurisdiction to suspend and revoke driver’s licenses based on D.U.I., and to require certain warnings concerning blood and breath tests during (continued...)

  

Sponsored by: Rep. Michael Folk Filed For Introduction on 02/09/2017

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