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Public Comments

2026 Regular Session HB4712 (Judiciary)
Comment by: Logan Buzzard on February 12, 2026 10:49
I completely agree with this bill, every aspect of it. People don’t just make mistakes. There is a choice every second of everyday & peoples lives have changed forever because of a senseless act such as getting behind the wheel of a vehicle while intoxicated. again, it’s a choice.
2026 Regular Session HB4921 (Judiciary)
Comment by: D on February 12, 2026 10:43
We need to get this bill the attention it deserves.  I do not want this state to end up like others who take away personal freedoms the second the federal government loosens the reigns.  Great opportunity to protect the rights of West Virginians for years to come.
2026 Regular Session HB4106 (Judiciary)
Comment by: Melinda Vincent on February 12, 2026 10:02
I hope we have more intelligent members in the house than the senate.  Why would you pass a bill to allow 18 to 20 year old's to carry a concealed weapon?  In most cases that would be ok, but with all the mental health issues that our teens have nowadays, I really think this is a very risky thing to do. I have heard the argument that they can go to the military at that age.  But they get rigorous training  and are under supervision in the military. Big difference! I ask that you use common sense, and vote no on this bill. Thank you.
2026 Regular Session HB4451 (Judiciary)
Comment by: Edward Diaz on February 12, 2026 09:56
I do see some improvements on existing state code in the following areas: 1) HB 4451 establishes a presumption in favor of a "veteran sentencing option" for offenses eligible for probation. This presumption can only be overcome if a court finds the option does not ensure public safety. In contrast, §62-16-6 focuses on the procedure for specialized, voluntary, or treatment-based courts. 2) HB 4451 expands on options for veterans to avoid a record of conviction, including the possibility of reducing felony charges to misdemeanors. It also formalizes veteran status as a factor in sentencing mitigation even if the veteran is not in a specialized court. 3)  HB 4451mandates specialized training for law enforcement, courts, and corrections personnel to increase understanding of veteran-specific issues, including military sexual trauma (MST). I feel this will be a key component in the successful implementation and completion for Veterans struggling with transition to civilian life and substance abuse. I would note however that coordination with the Department of Veterans Affairs treatment programs should also be equally emphasized as part of the treatment and rehabilitation of the Veteran. I support HB 4451.
2026 Regular Session HB4712 (Judiciary)
Comment by: Andy Perdue on February 12, 2026 08:56
Having a driver’s license is considered a privilege and can be revoked by DMV for violating rules and regulations, and prison sentences can often accompany the revocation in instances like this one in particular. But, when an incident happens like this one, to a family you know, it becomes more apparent that laws need changed. Choosing to operate a vehicle while impaired, becomes a 4,000 pound weapon and a choice to brandish it, so to speak.  Lester not only chose to operate her vehicle while impaired, she also chose to do it with extreme recklessness, while not just impaired, but excessive in speed which made her weapon a killing machine.  When a person’s life is cut short due to another’s irresponsible actions, and (aggravated actions) at that, 3-15 is insufficient, largely in part because it seems most defendants are sentenced on the lower part of the guidelines which is simply not enough for taking the life of another, when you made the choice to brandish that weapon, such as a two ton automobile.
2026 Regular Session HB5450 (Judiciary)
Comment by: Jayli Flynn on February 12, 2026 08:32
respectfully submit this comment in opposition to House Bill 5450 as introduced. HB 5450 proposes transferring administrative appeals of certain certification decisions and subcommittee determinations from internal agency review to the Office of Administrative Hearings (OAH). While structural reallocation of appeal authority may appear to increase neutrality, the bill does not substantively improve due process protections or address systemic concerns within the administrative framework. Under West Virginia Code §29A-5-1 et seq. (State Administrative Procedures Act), parties already possess rights to notice, hearing, record development, and judicial review in circuit court. HB 5450 does not amend evidentiary standards, burden of proof requirements, transparency obligations, or conflict-of-interest safeguards. It merely changes the forum of the initial administrative appeal. Key concerns include:
  1. No Added Due Process Protections The bill does not expand procedural safeguards for appellants. It does not clarify standards of review, evidentiary thresholds, or ensure heightened protections where professional certification or licensure is implicated.
  2. Executive Branch Concentration The Office of Administrative Hearings remains within the executive branch structure. The bill does not establish additional independence measures for Administrative Law Judges (ALJs), nor does it address appointment, removal, or oversight mechanisms to ensure impartiality.
  3. No Transparency Enhancements HB 5450 does not require publication of appeal outcomes, reporting of reversal rates, or public access to decision data. Without transparency metrics, structural relocation alone does not guarantee improved fairness.
  4. No Remedy for Potential Systemic Bias If concerns exist regarding investigative practices, referral standards, or internal enforcement discretion, those issues are not addressed by this bill. Changing jurisdiction does not resolve underlying structural inequities if they exist.
  5. No Fiscal or Efficiency Justification Provided The bill does not clearly demonstrate that transferring appeals to OAH will reduce costs, improve timelines, or enhance consistency. Without measurable performance benchmarks, the Legislature cannot evaluate whether this change produces material improvement.
Administrative restructuring should be accompanied by clearly defined procedural safeguards, transparency requirements, and oversight mechanisms. Absent those additions, HB 5450 represents a jurisdictional transfer without substantive reform. For these reasons, I urge careful reconsideration of HB 5450 or amendment to include explicit due process, transparency, and accountability provisions before passage.
2026 Regular Session HB5449 (Judiciary)
Comment by: Jayli Flynn on February 12, 2026 08:26
I respectfully oppose HB 5449. HB 5449 repeals Article 15A of Chapter 62 of the West Virginia Code, which authorized the Addiction Treatment Pilot Program. While the bill states the program “no longer exists,” simply removing statutory authority without addressing underlying oversight failures creates a policy gap rather than solving the problem. West Virginia continues to face one of the highest overdose mortality rates in the nation. According to CDC data, West Virginia has consistently ranked among the top states for drug overdose deaths per capita. In that context, eliminating statutory treatment frameworks without replacement raises concerns about continuity of care and diversion options for individuals in the criminal justice system. More importantly, recent documented failures in oversight of recovery residences demonstrate that the issue has not been “too much treatment,” but rather inadequate regulation and enforcement. In 2024: • The City of Huntington filed legal action regarding state referrals of parolees into uncertified recovery residences. • Investigative reporting revealed the state did not have accurate counts of recovery homes operating within its jurisdiction. • The Legislature passed Senate Bill 475 requiring registration of recovery residences and limiting referrals to registered or certified facilities. These actions acknowledged that the core issue was regulatory oversight — not the existence of treatment alternatives. If a treatment pilot program failed, the appropriate legislative response should be:
  1. A public performance audit under W. Va. Code §4-2-5 (Legislative Auditor authority),
  2. Clear standards for registration and certification under the Office of Health Facility Licensure and Certification,
  3. Transparent reporting requirements for any facility receiving state funds or court referrals, and
  4. Enforcement mechanisms for noncompliance.
Repealing statutory authority without addressing those accountability failures risks repeating the same oversight deficiencies under a different name or in fragmented local programs. Treatment diversion programs, when properly regulated, reduce incarceration costs and improve public safety outcomes. Removing statutory structure without strengthening regulatory guardrails may increase incarceration costs while failing to correct past compliance issues. The Legislature should prioritize: • Mandatory registration of all recovery residences receiving public funds or court referrals • Annual public reporting of compliance and inspections • Prohibition on referral to unregistered facilities • Coordination between the Department of Corrections, DHHR (now DoHS), and the Office of the Inspector General Until a replacement framework addressing these oversight deficiencies is proposed, repealing Article 15A is premature. For these reasons, I respectfully oppose HB 5449 and urge the Legislature to address regulatory failures rather than eliminate statutory treatment structures without reform.
2026 Regular Session HB5448 (Judiciary)
Comment by: Jayli Flynn on February 12, 2026 08:19
I oppose HB 5448 because, while the bill on its face changes only administrative and membership provisions of the State Emergency Response Commission, it does not address or sufficiently safeguard long-term risks associated with the exercise of emergency authority in West Virginia (such as transparency, oversight, accountability, and public participation). The code governing state emergencies — specifically West Virginia Code §15-5-6, which defines when a state of emergency may be proclaimed — already grants broad executive discretion to declare emergencies that affect public peace, health, and welfare.  However, this bill does not include any additional requirements for evidence-based criteria, transparency, or reporting that would mitigate the risk that emergency powers could be invoked without adequate public oversight or preventable crises from being masked as emergencies. Long-term concerns include:
  1. Lack of Clear Emergency Criteria: Current law allows emergency declarations when conditions are found to exist that “warrant” the proclamation. There is no objective standard in the statute or this bill requiring publicly accessible documentation justifying such declarations. Without clear benchmarks, emergency authority can be invoked unevenly or without sufficient empirical basis.
  2. Transparency and Public Reporting: This bill restructures the emergency response commission but does not require regular public reporting of its actions, emergency triggers, or performance measures. Given West Virginia’s recent experiences with environmental and public health issues — including challenges in public communication of contamination risks — transparent reporting should be mandatory, not optional.
  3. Potential for “Reactive” Rather Than “Preventative” Governance: Emergency declarations are inherently reactive. Without strengthening preventive oversight — e.g., requiring hazard risk assessments or public accessibility of monitoring data — there is a risk that emergencies will be used to address problems that could have been mitigated through stronger regulation and enforcement.
  4. Interactions with Other Regulatory and Oversight Structures: This bill does not consider how emergency governance interacts with evolving state policies related to environmental regulation, corporate incentives, infrastructure oversight, or public disclosure. The absence of explicit connection points between emergency governance and other oversight bodies increases the likelihood of siloed decision-making and insufficient checks on authority.
In short, HB 5448 does not in itself expand emergency authority, but it also fails to build the safeguards necessary to protect West Virginians from recurring governance failures and lacks structural improvements to ensure that emergency powers are exercised only when absolutely necessary and with full transparency. To strengthen this bill rather than oppose it outright, I recommend amendments that would require:
  • Objective criteria and documentation for emergency declarations (with a public record).
  • Periodic reporting to the Legislature and citizens on emergency preparedness, declarations, and responses.
  • Independent commissioners or public health/oversight representation on the State Emergency Response Commission.
  • Clear public access to monitoring data and emergency response actions.
Without these additions, the bill misses an opportunity to improve governance quality and public trust.
2026 Regular Session HB4600 (Judiciary)
Comment by: Elaine P Bowen on February 12, 2026 07:09
As a voter of 50 years and a poll worker, I can attest to the integrity of our election system. WV has one of the lowest  voter turnout rates. This legislation suppresses the votes. Vote NO on this and any measure that diminishes opportunities to vote and have your vote counted. Do not put barriers up, rather make voting more convenient!!!
2026 Regular Session HB4579 (Judiciary)
Comment by: Cara Jeannine Dawson on February 12, 2026 05:25
Millions of West Virginians tax dollars have been spent investing wvdhhr  the last few years. The one thing proven in them all is how cps lies.  They lie to everyone.  Biological parents, foster parents, our elected officials and judges.  West Virginia families deserve better. West Virginia children deserve the truth, and with bodycams that's exactly what all of us will get. The truth. The camera doesn't lie. Families are being destroyed and children are dying. This is one of the most important bills ever introduced and I can't imagine anyone not wanting this to pass.
2026 Regular Session HB4457 (Judiciary)
Comment by: Donte DeShawn Newsome jr on February 12, 2026 01:12
i do not agree with this bill because i think everone should have a right to vote. I feel like that takes our freedom of speach away form certain people. it introduces policies that risk limiting individual freedoms, straining local resources, and widening existing inequalities. Good legislation should empower communities, not restrict them; it should solve problems, not create new ones.
2026 Regular Session HB5361 (Judiciary)
Comment by: Julia Leverone on February 11, 2026 20:18
This is a painfully necessary bill. Please also consider protecting bus stops, as these sites have been stalked by ICE agents in our area (Misty Terrace, Moorefield) and the threat of encounters happening there is enough to frighten good people from sending their children to school.    
2026 Regular Session HB4712 (Judiciary)
Comment by: Dewayne Duncan on February 11, 2026 18:27
There need to be tougher sentencing for people who cause death as a result of drinking and driving.
2026 Regular Session HB4712 (Judiciary)
Comment by: Angela Milam-Lucas on February 11, 2026 17:52
Please pass this bill
2026 Regular Session HB4600 (Judiciary)
Comment by: Diana Greenhalgh on February 11, 2026 16:07
By requiring absentee ballots to be received (rather than postmarked) by 8 PM on Election Day, this bill disenfranchises military personnel, seniors, people with disabilities, and West Virginians working or studying out of state. The bill also reduces the amount of time voters have to request an absentee ballot by one week. HB 4600 disregards West Virginia's strong election safeguards, peddling baseless conspiracy theories that waste time and ignore real issues.
2026 Regular Session SB137 (Judiciary)
Comment by: Kelly Simmons on February 11, 2026 15:33
I’m writing to the members of the House Judiciary Committee regarding Senate Bill 137, as it comes before you for consideration. I’m writing as someone who has seen firsthand how a person can change over decades. One of my childhood friends and high school classmates (Keyser High School class of 1993) was sentenced at age 18 to life in prison and has now spent more than thirty years behind bars in West Virginia. While the rest of us grew up — building families, careers, and purpose — his entire adulthood has taken place inside a correctional facility. Over those decades, he did not give up. He pursued education, completed faith-based coursework, strengthened his communication and academic skills, and became known for discipline, leadership, and accountability. He accepts responsibility for the harm he caused and does not minimize it. He is not the same person he was as a teenager. Senate Bill 137 concerns me because it increases mandatory minimum sentences and extends the time people must serve before they are even eligible for parole review — including raising the minimum years served for life sentences. These changes reduce flexibility and delay meaningful evaluation of rehabilitation, even after decades served. Longer mandatory minimums may sound tough, but they come with serious long-term costs — increased prison overcrowding, higher medical expenses for aging inmates, and greater burden on taxpayers — without guaranteeing better public safety outcomes. Parole eligibility and review do not guarantee release — they provide a structured, professional evaluation of whether a person is safe to return to society. Preserving that review process supports both accountability and public safety. Justice should be firm, but it should also be wise enough to recognize growth and rehabilitation over time. I respectfully urge the House Judiciary Committee to vote NO on Senate Bill 137. Please support Second Look and allow people like my childhood friend and classmate to be evaluated for who they are today, not only who they were as teenagers. People can grow, accountability can endure, and justice should be wise enough to see both.
2026 Regular Session HB5361 (Judiciary)
Comment by: Sarah Blackburn on February 11, 2026 13:09
Excellent bill! These locations should be protected, sacred spaces.
2026 Regular Session HB5361 (Judiciary)
Comment by: Lori withrow on February 11, 2026 13:06
Please support this bill! It is imperative that we keep children and people safe in these sacred spaces of schools, healthcare facilities, and social services. Let’s not add to any more trauma - please allow our families to feel safe to get life saving healthcare, services, and education. Our state needs to protect and care for our children and all people within its borders. Please make us proud!!
2026 Regular Session HB4600 (Judiciary)
Comment by: Frank Muth on February 11, 2026 12:14
Vote NO on HB 4600. Why are you trying to disenfranchise your constituents? Every vote should count. People shouldn't be discounted simply because they are going to school or temporarily working out of state. This is where mail-in ballots should be valid and encouraged. This is outrageous!
2026 Regular Session HB5427 (Judiciary)
Comment by: Jayli Flynn on February 11, 2026 12:01
I respectfully oppose HB 5427 in its current form due to concerns regarding discretionary enforcement and unequal application within local communities. While I understand the intent of protecting individuals from doxxing and the malicious release of private personal information, the bill relies heavily on subjective determinations such as “intent,” “reckless disregard,” and whether a disclosure would cause “reasonable fear.” These standards require interpretation by law enforcement and prosecutors and may lead to inconsistent application. In communities where discretionary enforcement already varies based on perception, familiarity, or social dynamics, expanding criminal liability without clear guardrails raises legitimate concerns. Individuals who are vocal, emotional, or outspoken in defense of themselves or their communities may be perceived differently than others, and subjective standards can amplify those disparities. My concern is not with protecting private personal information. Rather, it is with ensuring that: • Public officials’ publicly listed government contact information cannot be construed as unlawful disclosure. • Political criticism and advocacy cannot be recharacterized as harassment. • Enforcement standards are applied equally regardless of gender, community familiarity, or perceived demeanor. • Clear prosecutorial review and reporting safeguards are included to prevent selective or uneven charging. Any statute involving subjective interpretation should include transparency mechanisms to maintain public trust. Without explicit guardrails, there is a risk that individuals engaged in civic advocacy or heated political debate could face investigation based on perception rather than objective misconduct. Protecting privacy is important. Protecting equal application of the law is equally important. For these reasons, I urge reconsideration of HB 5427 unless additional clarifying language and enforcement safeguards are added to prevent misuse or uneven application.
2026 Regular Session HB5423 (Judiciary)
Comment by: Jayli Flynn on February 11, 2026 11:45
As a West Virginia taxpayer and resident, I am submitting this comment in opposition to HB 5423 as currently written. HB 5423 would declare that an out-of-state driver’s license issued to a person “without legal immigration status” is not considered valid in West Virginia and that operating a vehicle with such a license constitutes a violation. While the bill does not explicitly authorize new traffic stops, its enforcement necessarily depends on discretionary traffic stops and documentation checks. Immigration status is not visually determinable. The only way this provision can be enforced is after a traffic stop has occurred and identification is requested. In a state where minor equipment violations (e.g., taillight or plate light issues) are frequently used as the basis for stops, this creates an additional downstream enforcement consequence tied to immigration classification. This bill therefore increases the practical impact of discretionary traffic enforcement. I am not opposed to law enforcement. I support ethical officers who perform their duties professionally. However, any expansion of enforcement consequences must be evaluated in light of real-world implementation. West Virginia has faced documented controversies and investigations related to law enforcement practices in recent years. Public trust in enforcement institutions is not uniform across all communities. When a bill links driver’s license validity to immigration status, enforcement may disproportionately affect: • Out-of-state drivers • Lawful visa holders in transition • Individuals awaiting federal immigration proceedings • Minority residents who already experience higher stop frequency Even if the statute is facially neutral, its application depends heavily on officer discretion during roadside stops. HB 5423 does not include: • Clear anti-profiling guardrails • Data reporting requirements for stops involving out-of-state licenses • Prohibitions against prolonged detention solely to verify immigration status • Independent oversight mechanisms tied to its enforcement Without these safeguards, this bill risks amplifying existing discretionary pressures in traffic enforcement. The issue is not what the law says in theory. The issue is how it will function in practice. As written, HB 5423 adds enforcement consequences without adding transparency or accountability protections. That imbalance is concerning. If the Legislature chooses to move forward with this bill, it should at minimum include: • Mandatory public reporting on traffic stops involving out-of-state licenses • Explicit language limiting detention solely for immigration status verification • Clear written enforcement guidance • Independent review procedures for complaints Public policy should strengthen safety and trust simultaneously. HB 5423, as written, increases enforcement exposure without addressing oversight concerns. For these reasons, I respectfully urge reconsideration or amendment of this bill.
2026 Regular Session HB5408 (Judiciary)
Comment by: Jayli Flynn on February 11, 2026 10:48
I support House Bill 5408 because it reinforces constitutional due process protections, strengthens data privacy standards, and ensures that West Virginia government agencies operate within clearly defined legal boundaries when responding to requests related to federal immigration enforcement. HB 5408 appropriately requires a judicial warrant before state or local agencies disclose personal information for immigration enforcement purposes. This aligns with the Fourth Amendment to the United States Constitution, which protects individuals against unreasonable searches and seizures, and ensures judicial oversight before sensitive personal data is shared. The bill also reflects the Tenth Amendment principle that states are not required to use their resources to carry out federal enforcement programs. By requiring proper court authorization, this legislation ensures cooperation occurs within constitutional safeguards rather than informal or administrative requests lacking judicial review. To further strengthen this bill and prevent ambiguity, I respectfully recommend the following clarifications:
  1. Define “judicial warrant” clearly as a warrant issued by a federal or state court upon probable cause and signed by a judge or magistrate. This ensures administrative warrants are not mistakenly treated as judicial orders.
  2. Include a data minimization requirement stating that agencies shall only disclose the specific information identified in the warrant and no broader datasets. This prevents overcollection or fishing expeditions.
  3. Clarify that nothing in this section prohibits communication of immigration or citizenship status when required by federal law, ensuring the bill remains consistent with 8 U.S.C. § 1373 and avoids unnecessary legal conflict.
  4. Strengthen transparency reporting requirements by requiring agencies to distinguish between judicial warrants and other requests, and to report the number of denials based on lack of warrant. Transparency promotes accountability and public trust.
HB 5408 is not about immigration policy itself. It is about lawful process, constitutional guardrails, and responsible handling of personal information held by state and local government entities. Clear standards protect both residents and public agencies by reducing liability, confusion, and inconsistent practices. I urge the Legislature to advance HB 5408 with these clarifications to ensure West Virginia upholds due process, transparency, and constitutional governance. Respectfully submitted.
2026 Regular Session HB5406 (Judiciary)
Comment by: Jayli Flynn on February 11, 2026 10:37
I respectfully oppose aspects of House Bill 5406 (2026) to the extent that it fails to protect medical cannabis patients from unjust DUI enforcement tied to THC nanogram thresholds, and in some respects may exacerbate risks of wrongful enforcement. 1. West Virginia Law Applies a 3 ng/mL THC Limit for Medical Cannabis Patients Under current West Virginia statute, a registered medical cannabis patient may not operate a vehicle while under the influence with a blood content of more than three nanograms of active tetrahydrocannabinol (THC) per milliliter of blood serum. This standard applies regardless of lawful medical use and may result in DUI exposure for patients whose THC levels exceed this nanogram threshold even when they are not impaired.  2. THC Nanogram Levels Do Not Consistently Correlate with Impairment Scientific and legal experts have consistently noted that THC levels in the bloodstream do not reliably indicate current impairment, especially for:
  • Frequent users,
  • Chronic medical users, or
  • Patients consuming high-THC formulations.
Research shows THC can remain above nanogram per milliliter levels long after psychoactive effects have dissipated, meaning a driver can be legally impaired without true functional impairment, or vice versa.  This difference is qualitatively distinct from alcohol, where blood alcohol concentration (BAC) limits correlate more reliably with impairment. West Virginia’s alcohol DUI limit is 0.08% BAC, a standard widely supported by empirical research.  3. HB 5406 Centralizes Chemical Testing Authority Without Guardrails HB 5406 would transfer oversight of chemical testing procedures and device approval from the Bureau for Public Health to the State Police Forensic Laboratory. While that may streamline enforcement procedures, it reduces independent oversight of testing methods and diminishes procedural checks that might protect patients from scientifically unsound testing practices. Although the bill text itself focuses on testing authority (and does not expressly change THC thresholds), the combination of centralized law enforcement control and a per se nanogram standard increases the risk that:
  • Lawful medical cannabis patients could face DUI charges based predominantly on residual THC levels,
  • Without evidence of actual driving impairment, and
  • Without adequate statutory guidance discouraging reliance solely on nanogram levels.
4. Disparate Enforcement Against Medical Patients A registered medical cannabis patient may lawfully use cannabis under West Virginia Medical Cannabis Act provisions, yet:
  • A threshold of 3 ng/mL THC can lead to a DUI charge under impaired driving laws,
  • There is no comparable per se drug threshold for many other legally prescribed medications with impairing potential.  
This creates a situation where medical patients face a presumption of impairment based solely on metabolic residue, despite a legitimate medical prescription — a system that raises due process concerns. 5. Call for Revisions I urge the Legislature to consider one or more of the following changes before advancing HB 5406: A. Amend DUI standards to require proof of functional impairment — not merely detectable THC above nanogram thresholds. B. Establish a medically informed impairment standard that accounts for pharmacokinetics in chronic medical users. C. Retain public health oversight of chemical testing procedures to preserve neutrality and scientific validity. 📌  Conclusion HB 5406’s procedural changes to chemical testing authority increase the risk that lawful medical cannabis patients will be subjected to DUI enforcement based on THC body concentration instead of actual impairment, due to existing statutory nanogram limits. This dynamic disproportionately penalizes medical cannabis patients and conflicts with principles of fair and evidence-based traffic safety enforcement. I urge the committee to amend the bill to protect patients from unwarranted impairment charges and to ensure DUI enforcement relies on scientifically sound indicators of actual driving impairment rather than residual THC levels.
2026 Regular Session HB4712 (Judiciary)
Comment by: Teresa Halstead on February 11, 2026 10:12
Yes this should pass
2026 Regular Session HB4712 (Judiciary)
Comment by: Amanda Powell on February 11, 2026 10:11
This should be past an put into law family's loose family an the ones that do it shouldn’t be let off free to live life's when they take one
2026 Regular Session HB4712 (Judiciary)
Comment by: Katie Pennington on February 11, 2026 09:51
The repercussions of drunk driving should be more than they currently are, especially in the case that it results in a fatality. People should always think before getting behind the wheel impaired and I feel this bill would definitely enforce this.
2026 Regular Session HB5401 (Judiciary)
Comment by: Jayli Flynn on February 11, 2026 09:39
I respectfully oppose House Bill 5037 and Senate Joint Resolution 19 because they introduce arbitrary citizenship and birthplace requirements that threaten fundamental voting rights and open public office to exclusion based on birthplace rather than citizenship and residency. Under longstanding U.S. constitutional principles, all U.S. citizens of legal age who meet residency requirements should have equal access to register, vote, and seek public office. Proposals that require individuals to be natural born citizens of the United States or born in West Virginia impose additional, unnecessary barriers that do not exist in current law and could violate the Equal Protection Clause of the Fourteenth Amendment. Voting rights and access to public office should be determined by uniform standards of citizenship and residency, not by birthplace. Creating new, restrictive qualifications risks disenfranchising eligible voters and excluding capable candidates who love our state but were not born here. I urge the Legislature to preserve fair and equitable voting rights and candidate qualifications that do not discriminate against U.S. citizens based on where they were born.
2026 Regular Session HB5400 (Judiciary)
Comment by: Jayli Flynn on February 11, 2026 09:34
I oppose HB 5400 because it increases criminal penalties under W. Va. Code §61-8D-4a (child neglect resulting in death) but does not address the systemic failures in prevention, intake, investigation, and transparency that have already been documented in West Virginia’s child welfare system.  1) Penalty increases don’t fix the root cause: system failure before a child dies West Virginia already has felony penalties for child neglect resulting in death under §61-8D-4a. HB 5400 changes the sentencing range, but the real public safety question is: why did systems fail before the fatality occurred?  A U.S. HHS Office of Inspector General audit found West Virginia did not comply with intake/screening/assessment/investigation requirements in an estimated 91% of screened-in family reports reviewed—meaning the state repeatedly failed to follow required processes when responding to child abuse/neglect reports.  That kind of compliance breakdown cannot be solved by increasing sentencing after the fact. 2) Transparency already failed in a high-profile WV child fatality—and statutes require disclosure West Virginia law recognizes that child fatality cases require transparency. Under W. Va. Code §49-5-101(e), when there is a child fatality or near-fatality due to abuse/neglect, “information relating to a fatality or near fatality shall be made public” (with limits like protecting the identity of the reporter).  Yet the public has already witnessed major conflict over what agencies said vs. what reporting later documented in the Boone County child starvation death case, including records/audio/whistleblower reporting and closed-door government meetings after initial “no knowledge” claims.  Whether or not confidentiality applies to parts of a case, the statute is clear that fatality-related information must be made public in some form.  Passing a bill that focuses on punishment while not strengthening statutory transparency compliance risks repeating the same institutional pattern: after-the-fact accountability theater without prevention or openness. 3) WV already has open government policy—and this bill doesn’t improve cross-division transparency West Virginia’s FOIA policy states the public is entitled to “full and complete information regarding the affairs of government” (W. Va. Code §29B-1-1).  HB 5400 does not add any mechanism to ensure that DHS/CPS, law enforcement, prosecutors, and oversight entities communicate promptly and transparently when the system fails. 4) WV law already contemplates fatality review and reporting—HB 5400 doesn’t build on it West Virginia created a Critical Incident Review Team specifically to review child fatalities/near-fatalities involving children in the child welfare system (W. Va. Code §61-12B-1), and that structure includes reporting requirements (§61-12B-5).  If the Legislature is serious about preventing deaths, bills should strengthen and enforce the review/reporting pipeline—not just raise prison terms. What should be done instead (recommended amendments / companion action) If the Legislature moves HB 5400 forward, it should be paired with enforceable reforms that address the documented failures:
  • Require measurable compliance improvements tied to intake/screening/investigation standards highlighted by the OIG audit.  
  • Require timely public fatality disclosure consistent with §49-5-101(e) (clear minimum dataset and deadlines).  
  • Strengthen/standardize Critical Incident Review reporting and public-facing summaries under §61-12B.  
Bottom line HB 5400 increases penalties, but West Virginia’s documented failure has been compliance and transparency before the death occurs. Without reforms that fix intake/investigation performance and enforce the fatality disclosure law, this bill risks creating more division and institutional guarding, not child protection
2026 Regular Session HB4836 (Judiciary)
Comment by: Chloe C on February 11, 2026 09:28
I think that fining someone for bringing a pet into a store is a problem. As long as the pet isnt causing any problems then there should be no fine.
2026 Regular Session HB5396 (Judiciary)
Comment by: Jayli Flynn on February 11, 2026 09:19
I respectfully oppose HB 5396 unless it includes strengthened oversight and accountability safeguards. West Virginia’s Governmental Ethics Act is limited in scope. Under W. Va. Code § 6B-2-5 and § 6B-2B-1, the Ethics Commission may only investigate violations of specific enumerated ethical prohibitions, such as use of public office for private gain or conflicts of interest. The Commission has explicitly stated that: Negligence, incompetence, ignorance, insensitivity, or personal animosity do not constitute violations of the Ethics Act unless they violate one of the specific rules contained in § 6B-2-5 or § 6B-2B-1. There is no general “mismanagement” or “poor oversight” provision under Chapter 6B. Therefore, expanding raffle or fundraising mechanisms that involve public cash collection, prize distribution, and fund handling — without strengthened auditing provisions — creates a structural accountability gap. While outright theft or embezzlement is criminal under:
  • W. Va. Code § 61-3-20 (Embezzlement)
  • W. Va. Code § 61-3-13 (Larceny)
those statutes require criminal prosecution. Administrative mismanagement that does not clearly rise to criminal conduct may fall into a grey area where neither Ethics review nor criminal enforcement is triggered. If HB 5396 broadens authorization for raffles or gaming activity under W. Va. Code § 47-21-1 et seq. (Charitable Bingo and Raffles Act) without:
  • Mandatory public financial reporting
  • Independent audit requirements
  • Clear State Auditor review authority under W. Va. Code § 12-4-14 and § 12-4-17
  • Defined internal controls and record retention
  • Jurisdiction that survives resignation
then it risks expanding financial activity without corresponding oversight. Public trust requires preventive accountability mechanisms — not just criminal remedies after funds are lost. Given the limited jurisdiction of the Ethics Act and the reliance on criminal prosecution as the only fallback, I urge the Legislature to either reject HB 5396 or amend it to include explicit auditing and transparency requirements.
2026 Regular Session HB5394 (Judiciary)
Comment by: Jayli Flynn on February 11, 2026 09:14
I respectfully oppose HB 5394. While citizen accountability is important, expanding recall procedures to county boards of education risks destabilizing public school governance in a way that could harm educational continuity, constitutional neutrality, and compliance with federal standards. Public schools in West Virginia are state actors and are bound by:
  • West Virginia Constitution, Article XII, §1, requiring a “thorough and efficient system of free schools.”
  • U.S. Constitution, First Amendment (Establishment Clause), prohibiting government endorsement of religion.
  • Fourteenth Amendment, guaranteeing equal protection and due process.
  • Federal civil rights statutes including Title VI and Title IX.
The U.S. Supreme Court has repeatedly held that public schools must remain religiously neutral: Although teaching about religion in a historical or literary context is permissible, promoting or privileging a specific religious doctrine as governing moral authority in public education raises constitutional concerns. HB 5394 lowers the structural stability of school governance by allowing recall elections based on petition thresholds. While recall may be appropriate for corruption or misconduct, using recall as a political tool over ideological disagreements — particularly surrounding curriculum content — risks:
  1. Politicizing education governance.
  2. Destabilizing long-term academic planning.
  3. Creating volatility in curriculum standards.
  4. Undermining compliance with federal funding requirements.
  5. Exposing counties to costly constitutional litigation.
Educational standards must align with national benchmarks to ensure students remain competitive for higher education, workforce participation, and interstate mobility. Frequent governance disruption impairs that mission. The role of public education is to prepare students for participation in a pluralistic constitutional republic — not to serve as a vehicle for advancing any single religious or ideological framework. Accountability mechanisms already exist through regular elections. Introducing additional recall tools in a highly polarized educational climate risks governance instability rather than strengthening transparency. For these reasons, I respectfully urge opposition to HB 5394.
2026 Regular Session HB5390 (Judiciary)
Comment by: Jayli Flynn on February 11, 2026 08:44
I respectfully oppose HB 5390 as currently drafted because, while accountability in fiscal notes is important, the bill creates statutory and constitutional concerns regarding intent standards, due process, and separation of powers. 1️⃣ Perjury Expansion Beyond Traditional Oath Context HB 5390 would treat fiscal notes as equivalent to sworn testimony and subject them to prosecution under West Virginia’s perjury statute, W. Va. Code § 61-5-1. Under § 61-5-1, perjury requires:
  • A lawful oath,
  • A materially false statement,
  • Made knowingly and willfully.
Fiscal notes, however:
  • Are predictive estimates,
  • Rely on modeling assumptions,
  • Are not traditionally given under oath,
  • Often involve discretionary economic projections.
Expanding § 61-5-1 to include predictive fiscal modeling risks stretching the statutory definition of perjury beyond historically recognized sworn factual testimony. 2️⃣ Due Process & Vagueness Concerns The Fourteenth Amendment to the U.S. Constitution and Article III, §10 of the West Virginia Constitution guarantee due process of law. A statute may be constitutionally problematic if it is impermissibly vague — meaning individuals cannot reasonably determine what conduct is criminal. Fiscal notes inherently involve:
  • Assumptions,
  • Forecasting models,
  • Inflation projections,
  • Behavioral estimates,
  • Federal funding contingencies.
Without clearly defined statutory standards for:
  • Acceptable methodologies,
  • Disclosure of assumptions,
  • Margin of error thresholds,
  • Independent review processes,
HB 5390 may create uncertainty regarding what constitutes “materially misleading” fiscal analysis. Courts have held that criminal statutes must give fair notice of prohibited conduct. See:
  • Kolender v. Lawson, 461 U.S. 352 (1983) (void for vagueness doctrine).
3️⃣ Separation of Powers Concerns Article V of the West Virginia Constitution establishes separation of powers between the legislative, executive, and judicial branches. Fiscal notes are generally prepared by executive agencies to assist the Legislature in policymaking. Criminalizing executive fiscal projections without clearly defined standards may:
  • Chill executive participation,
  • Encourage defensive over-estimation,
  • Interfere with interbranch legislative analysis.
While accountability is proper, criminal enforcement within interbranch advisory processes should be narrowly tailored. 4️⃣ Risk of Selective Enforcement Without explicit statutory guidance on modeling standards, enforcement risks being subjective. West Virginia Code § 61-5-1 requires proof of willful intent, but fiscal disputes often involve:
  • Competing economic theories,
  • Differences in actuarial assumptions,
  • Evolving federal reimbursement policies,
  • Market volatility.
Absent explicit statutory clarity, this bill could create:
  • Political pressure risks,
  • Disincentives for candid fiscal evaluation,
  • Unequal application of enforcement.
5️⃣ Existing Remedies Already Exist Intentional falsification of official documents may already implicate:
  • W. Va. Code § 61-5-5 (false swearing),
  • W. Va. Code § 6B-2-5 (Ethics Act misuse of office),
  • Administrative discipline,
  • Removal procedures under existing law.
Before expanding criminal liability, the Legislature should evaluate whether current statutes already provide remedies for intentional misconduct. 📌 Recommended Amendment Approach (If Legislature Proceeds) If HB 5390 advances, it should include:
  • Clear statutory definitions of “materially misleading” in the context of predictive modeling.
  • Mandatory disclosure of modeling assumptions.
  • Defined safe-harbor provisions for good-faith estimation.
  • Independent fiscal review mechanisms before criminal referral.
  • Explicit exclusion for reasonable methodological disagreements.
📣 Conclusion Accountability in fiscal analysis is essential. However, criminalizing predictive fiscal modeling without precise statutory guardrails risks due process concerns, vagueness challenges, and chilling legitimate executive analysis. For these reasons, I respectfully oppose HB 5390 unless significantly amended to ensure constitutional clarity and procedural safeguards.
2026 Regular Session HB4600 (Judiciary)
Comment by: Lesley W on February 11, 2026 08:25
I do not support HB 4600. Please vote no on this bill and start working for your constituents, not just your narrow minded party.
2026 Regular Session HB4712 (Judiciary)
Comment by: Bertie Moore on February 11, 2026 03:37
I agree,something has to be done to change a person driving under the influence should think think of the consequences of their actions 😢
2026 Regular Session HB4758 (Judiciary)
Comment by: Kelly (Bailey) Simmons on February 11, 2026 00:09

I would like to share a real story - not a statistic. I’m writing as someone who has seen firsthand how a person can change over decades.

One of my childhood friends and high school classmates (Keyser High School class of 1993) was sentenced at age 18 to life in prison and has now spent more than thirty years behind bars in West Virginia. While the rest of us grew up — building families, careers, and purpose — his entire adulthood has taken place inside a correctional facility.

Over those decades, he did not give up. He pursued education, completed faith-based coursework, strengthened his communication and academic skills, and became known for discipline, leadership, and accountability. He accepts responsibility for the harm he caused and does not minimize it. He is not the same person he was as a teenager.

House Bill 4758 concerns me because it moves policy toward longer time served before a person can even be considered for parole review, particularly for life and first-degree murder sentences. Delaying review does not guarantee greater safety — but it does remove an important mechanism for evaluating whether someone has truly changed after decades of demonstrated accountability and rehabilitation.

Parole review does not guarantee release. It provides a structured, professional evaluation of whether a person is safe and appropriate to return to society. Preserving that review process supports both accountability and public safety.

Justice should be firm, but it should also be wise enough to recognize growth and rehabilitation over time.

I respectfully urge you to vote NO on House Bill 4758.

Please support Second Look and allow people like my childhood friend and classmate to be evaluated for who they are today, not only who they were as teenagers. People can grow, accountability can endure, and justice should be wise enough to see both.

2026 Regular Session HB4761 (Judiciary)
Comment by: Kelly (Bailey) Simmons on February 10, 2026 23:50
I’m writing as someone who has seen firsthand how a person can change over decades. One of my childhood friends and high school classmates (Keyser High School class of 1993) was sentenced at age 18 to life in prison and has now spent more than thirty years behind bars in West Virginia. While the rest of us grew up — building families, careers, and purpose — his entire adulthood has taken place inside a correctional facility. Over those decades, he did not give up. He pursued education, completed faith-based coursework, strengthened his communication and academic skills, and became known for discipline, leadership, and accountability. He accepts responsibility for the harm he caused and does not minimize it. He is not the same person he was as a teenager. House Bill 4761 concerns me because it pushes policy toward longer and more expensive sentences across multiple categories, reducing flexibility and limiting meaningful opportunities for review after many years served. Longer sentences may sound tough, but they carry serious long-term costs for taxpayers and for an already strained correctional system, including overcrowding and the growing medical needs of aging inmates. Parole eligibility and review do not guarantee release — they provide a structured, professional evaluation of whether a person is safe to return to society. Preserving that review process supports both accountability and public safety. Justice should be firm, but it should also be wise enough to recognize growth and rehabilitation over time. I respectfully urge you to vote NO on House Bill 4761. Please support Second Look and allow people like my childhood friend and classmate to be evaluated for who they are today, not only who they were as teenagers. People can grow, accountability can endure, and justice should be wise enough to see both.
2026 Regular Session HB4358 (Judiciary)
Comment by: Cristy Anderson on February 10, 2026 22:00
I hope you do understand that cases of substantiated abuse by CPS are being handled in family court sometimes. This completely obliterates the ability to adjudicate abuse; substantiated abuse “doesn’t count” in the legal sense and is like having a clean slate.  Without adjudication, it is as if it never happened. The financial incentives to keep cases in family courts are also quite lucrative.  GAL’s can charge private pay clients in family courts double (maybe more) the rate earned in circuit court.  There is no oversight for fees in family court. This should absolutely be disallowed. The hourly rate should be the same regardless of the case. This would ensure no one is financially incentivized to prolong litigation or financially incentivized to keep abuse cases out of circuit court so that more money can be earned in family court.
2026 Regular Session HB4185 (Judiciary)
Comment by: Kendall Payne on February 10, 2026 20:25

I completely disagree with this bill. No one that is not in the military or a police officer should own a machine gun. By indroducing this, it is possible for it to turn into a real bill. Which is not only putting so many civilans in danger, but also allowing way more public shootings to happen. No civilan should even own a machine gun, no matter what it is used for. If it were to end up in the wrong persons hands, many people could be hurt or even die. This bill can not pass in order to keep people and the community safe.

2026 Regular Session HB4600 (Judiciary)
Comment by: Antoine Smith II on February 10, 2026 20:01

As a West Virginian who is currently attending school out of state, I strongly support the Hansen and Hornbuckle amendment to House Bill 4600.

I may be fortunate enough to sometimes afford a plane ticket to return home and vote in person. But my situation does not represent most students from West Virginia, especially those from rural and low-income communities.

Imagine a student from McDowell County who earns admission to a top school like Stanford, MIT, Harvard, or one of our nation’s service academies. That opportunity is life-changing, but it also creates new barriers. That student may not be able to afford a plane ticket home. Their parents may not be able to take time off work or drive hours to pick them up from the airport. They may not own a car at all.

Even students who attend excellent institutions closer to home, like Vanderbilt, UVA, or UPenn, face similar challenges. Many do not have reliable transportation, flexible schedules, or the financial resources to travel home just to vote. For these students, returning home to vote is not realistic.

Mail-in voting should be the solution. However, under the new language of the bill, absentee ballots must be received by 8:00 p.m. on Election Day to be counted. There is no longer any flexibility for ballots that are mailed on time but delayed in transit.

Students who live out of state rely on campus mailrooms and long-distance postal routes. Mail delays are common and unpredictable. I have personally received letters days, even weeks, late because they were misplaced or delayed. Under this new rule, even one unexpected delay could mean a student’s vote is never counted, no matter how responsibly they acted.

During the discussion, Delegate Hillenbrand suggested that students could rely on their professors to allow late assignments or rescheduled exams so they could travel home to vote. While I respect that perspective, our right to vote should not depend on a professor’s leniency.

Not every student has flexible instructors. Many are in programs with strict attendance policies, clinical hours, labs, or exams that cannot be rescheduled. Others are already under heavy stress trying to balance coursework, jobs, and family responsibilities. For these students, being told to “just work it out” forces them to choose between their education and their right to vote.

That is how disenfranchisement happens, not through a single rule, but through a system that assumes everyone has the same flexibility and resources.

The Hansen and Hornbuckle amendment corrects this inequity. It recognizes that students who are away from their home counties for education still deserve a fair and realistic opportunity to vote. It ensures that students are not punished for choosing to better themselves and that their voices are still heard in the communities they call home.

This amendment is not about partisanship. It is about fairness, access, and protecting the fundamental right to vote for every West Virginian, no matter where they are studying.

2026 Regular Session HB4712 (Judiciary)
Comment by: Brandi Workman on February 10, 2026 18:00
This bill is necessary to further curb possible offenders and risking the lives of our loved ones.
2026 Regular Session HB4758 (Judiciary)
Comment by: Joanne Scheer on February 10, 2026 17:16
Dear Honorable Members of the West Virginia Legislature, Felony Murder Elimination Project respectfully submits this public comment in opposition to Senate Bill 137 and House Bills 4761 and 4758. These bills would dramatically increase sentence lengths and delay parole eligibility for homicide-related offenses in West Virginia, despite overwhelming evidence that longer prison sentences do not improve public safety and instead impose significant human and fiscal costs on communities.
  1. Who We Are and Why We Are Commenting

Felony Murder Elimination Project is a national organization dedicated to addressing the harms caused by the felony murder rule and other sentencing practices that impose extreme punishment without regard to an individual’s actual conduct or intent. Our work centers on promoting fairness, proportionality, and evidence-based policymaking in criminal law. We are submitting this comment in West Virginia because these bills would significantly expand the use and impact of extreme sentences in a state that already allows people to be convicted of murder without having killed anyone or intended that someone die. That legal reality makes the proposed penalty increases especially concerning.
  1. What Felony Murder Is, and Why It Matters for West Virginians

Under West Virginia law, a person can be convicted of first-degree murder under the felony murder rule even if they did not kill anyone, did not use violence, and did not intend for anyone to die. Prosecutors are only required to prove that a person participated in a felony and that a death occurred during that felony, not that the person caused or anticipated the death. For example, someone who agrees to act as a lookout during a burglary can be convicted of first-degree murder if another person involved panics and causes a fatal accident, even if the lookout never entered the building and never harmed anyone. Because felony murder allows people to be convicted of murder based on association rather than individual culpability, it often results in the harshest sentences being imposed on people whose actions bear little relationship to the outcome. Expanding sentence lengths and delaying parole eligibility in a system that already allows this kind of vicarious liability dramatically increases the risk of profoundly disproportionate punishment.
  1. What These Bills Would Do

SB 137, HB 4761, and HB 4758 would increase minimum and maximum sentences for first- and second-degree homicide, attempted homicide, voluntary manslaughter, and “three strikes” life sentences, while also delaying parole eligibility by many years. In practical terms, these bills would add decades of incarceration to already long sentences and require West Virginia taxpayers to spend hundreds of thousands of additional dollars per person sentenced: up to nearly half a million dollars per individual in some cases.  Notably, none of these bills require a fiscal note or review by the Legislature’s finance committees, even though the cost of incarceration in West Virginia has risen sharply and now approaches the median annual household income in the state.
  1. Longer Sentences Do Not Improve Public Safety
There is no credible evidence that increasing already long prison sentences prevents harm. National research has consistently found that sentence length has no meaningful deterrent effect once sentences are already severe. In West Virginia specifically, people released from prison after homicide convictions have significantly lower recidivism rates than the overall prison population, and parole eligibility simply allows for consideration of release (not automatic release) based on demonstrated rehabilitation and public safety assessments. At the same time, longer sentences have driven prison overcrowding, forced the state to consider costly prison expansion, and transformed correctional facilities into de facto publicly funded, multi-million-dollar nursing homes as the incarcerated population ages and requires increasing levels of medical care.  These legislative bills rely on increasingly severe sentences as a primary response to serious harm, despite substantial evidence that extreme sentencing does not produce safer communities. Lengthening already long prison terms does little to support meaningful or transformative rehabilitation, particularly when it forecloses opportunities for review and release based on demonstrated growth. Nor does prolonged incarceration, on its own, bring about healing or restoration for victims, families, or communities. Instead, it often entrenches cycles of harm while consuming public resources that could otherwise support prevention, recovery, and accountability in more effective ways.
  1. Why These Bills Are Especially Concerning in Felony Murder Cases
When extreme sentences are layered on top of the felony murder rule, the result is punishment untethered from individual responsibility. People who never killed, never intended to kill, and never foresaw a death can still be sentenced as murderers and required to serve decades longer before even being considered for release. This approach undermines basic principles of proportionality and fairness and risks condemning people to spend the majority of their lives in prison for outcomes they did not cause. In a legal framework that already allows murder convictions without proof of intent to kill, these bills would further entrench punishment that is increasingly disconnected from individual conduct and public safety outcomes. Recommendation to Reject Public polling in West Virginia indicates bipartisan openness to criminal justice reforms that emphasize individualized review rather than across-the-board penalty increases. SB 137, HB 4761, and HB 4758 would move in the opposite direction by extending sentence lengths, increasing incarceration, and driving up costs without evidence of improved public safety. For these reasons, the Felony Murder Elimination Project urges the Legislature to reject these bills and instead pursue policies that promote accountability, proportionality, and long-term community safety.
2026 Regular Session HB4761 (Judiciary)
Comment by: Joanne Scheer on February 10, 2026 17:14
Dear Honorable Members of the West Virginia Legislature, Felony Murder Elimination Project respectfully submits this public comment in opposition to Senate Bill 137 and House Bills 4761 and 4758. These bills would dramatically increase sentence lengths and delay parole eligibility for homicide-related offenses in West Virginia, despite overwhelming evidence that longer prison sentences do not improve public safety and instead impose significant human and fiscal costs on communities.
  1. Who We Are and Why We Are Commenting

Felony Murder Elimination Project is a national organization dedicated to addressing the harms caused by the felony murder rule and other sentencing practices that impose extreme punishment without regard to an individual’s actual conduct or intent. Our work centers on promoting fairness, proportionality, and evidence-based policymaking in criminal law. We are submitting this comment in West Virginia because these bills would significantly expand the use and impact of extreme sentences in a state that already allows people to be convicted of murder without having killed anyone or intended that someone die. That legal reality makes the proposed penalty increases especially concerning.
  1. What Felony Murder Is, and Why It Matters for West Virginians

Under West Virginia law, a person can be convicted of first-degree murder under the felony murder rule even if they did not kill anyone, did not use violence, and did not intend for anyone to die. Prosecutors are only required to prove that a person participated in a felony and that a death occurred during that felony, not that the person caused or anticipated the death. For example, someone who agrees to act as a lookout during a burglary can be convicted of first-degree murder if another person involved panics and causes a fatal accident, even if the lookout never entered the building and never harmed anyone. Because felony murder allows people to be convicted of murder based on association rather than individual culpability, it often results in the harshest sentences being imposed on people whose actions bear little relationship to the outcome. Expanding sentence lengths and delaying parole eligibility in a system that already allows this kind of vicarious liability dramatically increases the risk of profoundly disproportionate punishment.
  1. What These Bills Would Do

SB 137, HB 4761, and HB 4758 would increase minimum and maximum sentences for first- and second-degree homicide, attempted homicide, voluntary manslaughter, and “three strikes” life sentences, while also delaying parole eligibility by many years. In practical terms, these bills would add decades of incarceration to already long sentences and require West Virginia taxpayers to spend hundreds of thousands of additional dollars per person sentenced: up to nearly half a million dollars per individual in some cases.  Notably, none of these bills require a fiscal note or review by the Legislature’s finance committees, even though the cost of incarceration in West Virginia has risen sharply and now approaches the median annual household income in the state.
  1. Longer Sentences Do Not Improve Public Safety
There is no credible evidence that increasing already long prison sentences prevents harm. National research has consistently found that sentence length has no meaningful deterrent effect once sentences are already severe. In West Virginia specifically, people released from prison after homicide convictions have significantly lower recidivism rates than the overall prison population, and parole eligibility simply allows for consideration of release (not automatic release) based on demonstrated rehabilitation and public safety assessments. At the same time, longer sentences have driven prison overcrowding, forced the state to consider costly prison expansion, and transformed correctional facilities into de facto publicly funded, multi-million-dollar nursing homes as the incarcerated population ages and requires increasing levels of medical care.  These legislative bills rely on increasingly severe sentences as a primary response to serious harm, despite substantial evidence that extreme sentencing does not produce safer communities. Lengthening already long prison terms does little to support meaningful or transformative rehabilitation, particularly when it forecloses opportunities for review and release based on demonstrated growth. Nor does prolonged incarceration, on its own, bring about healing or restoration for victims, families, or communities. Instead, it often entrenches cycles of harm while consuming public resources that could otherwise support prevention, recovery, and accountability in more effective ways.
  1. Why These Bills Are Especially Concerning in Felony Murder Cases
When extreme sentences are layered on top of the felony murder rule, the result is punishment untethered from individual responsibility. People who never killed, never intended to kill, and never foresaw a death can still be sentenced as murderers and required to serve decades longer before even being considered for release. This approach undermines basic principles of proportionality and fairness and risks condemning people to spend the majority of their lives in prison for outcomes they did not cause. In a legal framework that already allows murder convictions without proof of intent to kill, these bills would further entrench punishment that is increasingly disconnected from individual conduct and public safety outcomes. Recommendation to Reject Public polling in West Virginia indicates bipartisan openness to criminal justice reforms that emphasize individualized review rather than across-the-board penalty increases. SB 137, HB 4761, and HB 4758 would move in the opposite direction by extending sentence lengths, increasing incarceration, and driving up costs without evidence of improved public safety. For these reasons, the Felony Murder Elimination Project urges the Legislature to reject these bills and instead pursue policies that promote accountability, proportionality, and long-term community safety.
2026 Regular Session SB137 (Judiciary)
Comment by: Joanne Scheer on February 10, 2026 17:13
Dear Honorable Members of the West Virginia Legislature, Felony Murder Elimination Project respectfully submits this public comment in opposition to Senate Bill 137 and House Bills 4761 and 4758. These bills would dramatically increase sentence lengths and delay parole eligibility for homicide-related offenses in West Virginia, despite overwhelming evidence that longer prison sentences do not improve public safety and instead impose significant human and fiscal costs on communities.
  1. Who We Are and Why We Are Commenting

Felony Murder Elimination Project is a national organization dedicated to addressing the harms caused by the felony murder rule and other sentencing practices that impose extreme punishment without regard to an individual’s actual conduct or intent. Our work centers on promoting fairness, proportionality, and evidence-based policymaking in criminal law. We are submitting this comment in West Virginia because these bills would significantly expand the use and impact of extreme sentences in a state that already allows people to be convicted of murder without having killed anyone or intended that someone die. That legal reality makes the proposed penalty increases especially concerning.
  1. What Felony Murder Is, and Why It Matters for West Virginians

Under West Virginia law, a person can be convicted of first-degree murder under the felony murder rule even if they did not kill anyone, did not use violence, and did not intend for anyone to die. Prosecutors are only required to prove that a person participated in a felony and that a death occurred during that felony, not that the person caused or anticipated the death. For example, someone who agrees to act as a lookout during a burglary can be convicted of first-degree murder if another person involved panics and causes a fatal accident, even if the lookout never entered the building and never harmed anyone. Because felony murder allows people to be convicted of murder based on association rather than individual culpability, it often results in the harshest sentences being imposed on people whose actions bear little relationship to the outcome. Expanding sentence lengths and delaying parole eligibility in a system that already allows this kind of vicarious liability dramatically increases the risk of profoundly disproportionate punishment.
  1. What These Bills Would Do

SB 137, HB 4761, and HB 4758 would increase minimum and maximum sentences for first- and second-degree homicide, attempted homicide, voluntary manslaughter, and “three strikes” life sentences, while also delaying parole eligibility by many years. In practical terms, these bills would add decades of incarceration to already long sentences and require West Virginia taxpayers to spend hundreds of thousands of additional dollars per person sentenced: up to nearly half a million dollars per individual in some cases.  Notably, none of these bills require a fiscal note or review by the Legislature’s finance committees, even though the cost of incarceration in West Virginia has risen sharply and now approaches the median annual household income in the state.
  1. Longer Sentences Do Not Improve Public Safety
There is no credible evidence that increasing already long prison sentences prevents harm. National research has consistently found that sentence length has no meaningful deterrent effect once sentences are already severe. In West Virginia specifically, people released from prison after homicide convictions have significantly lower recidivism rates than the overall prison population, and parole eligibility simply allows for consideration of release (not automatic release) based on demonstrated rehabilitation and public safety assessments. At the same time, longer sentences have driven prison overcrowding, forced the state to consider costly prison expansion, and transformed correctional facilities into de facto publicly funded, multi-million-dollar nursing homes as the incarcerated population ages and requires increasing levels of medical care.  These legislative bills rely on increasingly severe sentences as a primary response to serious harm, despite substantial evidence that extreme sentencing does not produce safer communities. Lengthening already long prison terms does little to support meaningful or transformative rehabilitation, particularly when it forecloses opportunities for review and release based on demonstrated growth. Nor does prolonged incarceration, on its own, bring about healing or restoration for victims, families, or communities. Instead, it often entrenches cycles of harm while consuming public resources that could otherwise support prevention, recovery, and accountability in more effective ways.
  1. Why These Bills Are Especially Concerning in Felony Murder Cases
When extreme sentences are layered on top of the felony murder rule, the result is punishment untethered from individual responsibility. People who never killed, never intended to kill, and never foresaw a death can still be sentenced as murderers and required to serve decades longer before even being considered for release. This approach undermines basic principles of proportionality and fairness and risks condemning people to spend the majority of their lives in prison for outcomes they did not cause. In a legal framework that already allows murder convictions without proof of intent to kill, these bills would further entrench punishment that is increasingly disconnected from individual conduct and public safety outcomes. Recommendation to Reject Public polling in West Virginia indicates bipartisan openness to criminal justice reforms that emphasize individualized review rather than across-the-board penalty increases. SB 137, HB 4761, and HB 4758 would move in the opposite direction by extending sentence lengths, increasing incarceration, and driving up costs without evidence of improved public safety. For these reasons, the Felony Murder Elimination Project urges the Legislature to reject these bills and instead pursue policies that promote accountability, proportionality, and long-term community safety.
2026 Regular Session HB4600 (Judiciary)
Comment by: Tim on February 10, 2026 14:37
There has never been a problem or a reason to suspect fraud so why do you want to change a system that has worked for years. If it’s because the President is yelling fraud when all the cases of fraud have proven false then why belly up to him. Make your own call for the good of West Virginia
2026 Regular Session HB4600 (Judiciary)
Comment by: Patrick Conner on February 10, 2026 13:20
I am writing to express my opposition to HB 4600.
2026 Regular Session HB5413 (Judiciary)
Comment by: Philip Kaso, Executive Director, WVRSOL on February 10, 2026 12:37
West Virginians for Rational Sexual Offense Laws (WVRSOL) supports HB-5413 because it corrects clear administrative and fairness defects in the 2025 registry fee framework.

HB-5413 consolidates multiple payment deadlines into a single window, moves fee payment directly to the West Virginia State Police, and clarifies that individuals subject to both the Central Abuse Registry and the Sexual Offense Registry pay only one $125 fee—not a duplicative charge.

These changes reduce confusion, improve compliance, and mitigate litigation risk caused by ambiguous and duplicative fee requirements. While HB-5413 does not fully resolve the underlying constitutional concerns associated with registry fees, it represents a rational and responsible improvement over existing law.

WVRSOL urges lawmakers to support HB-5413 as a necessary corrective step.

2026 Regular Session HB4600 (Judiciary)
Comment by: George John on February 10, 2026 11:43
Please vote No on House Bill 4600
2026 Regular Session HB5341 (Judiciary)
Comment by: Mandy Weirich on February 10, 2026 11:24
This bill ignores or neglects the serious nature of abuse of vulnerable, disabled, or elder abuse within families which is a form of serious domestic violence. While the public usually considers domestic violence as an action between intimate partners, the abuse of older adults by adult children is pervasive and should be included in this bill. If the law does not require that adult abusers be listed on this public offender's list, most likely they will not be listed. Those that have been convicted of abusing their parent, grandparent, or other family member should also be considered a threat to the community safety just as someone convicted of intimate partner violence. Especially when abusers could be working as a caregiver, either informally or formally. Adult Protective Services should be consulted on this bill.
2026 Regular Session HB4600 (Judiciary)
Comment by: Constance Banta on February 10, 2026 10:48
I am strongly opposed to this bill, which needlessly limits many of our citizens' ability to exercise their right to vote. I would be opposed to these restrictions under any circumstances, but am even more concerned about it given the recent changes in the USPS postmarking procedures. Representative Hanson's proposed amendments did offer some ways to lessen the undemocratic restrictions this bill imposes, but they were rejected, which makes me even more alarmed at the current legislatures trend toward voter suppression. This bill must be rejected in toto.
2026 Regular Session HB4600 (Judiciary)
Comment by: Jody Mohr on February 10, 2026 10:42
I urge you to reject HB 4600. Absentee/mail in ballots are essential to those who are unable to be present at their registered precincts for a variety of valid reasons. There is no rational justification for this bill other than a blatant attempt to disenfranchise voters.
2026 Regular Session HB4600 (Judiciary)
Comment by: Renny T Smith on February 10, 2026 10:30
Don't make voting hard!! This is a bad bill for West Virginia!
2026 Regular Session HB4600 (Judiciary)
Comment by: Sharon Pickens on February 10, 2026 09:51
Vote no on HB 4600
2026 Regular Session HB4600 (Judiciary)
Comment by: Vicki Impoco on February 10, 2026 09:36
HB 4600 makes it harder for eligible West Virginians to vote, especially those who are studying or working temporarily out of state. I strongly urge the WV House Judiciary Committee  to vote NO  in Committee and for  a NO vote on the floor (if it leaves Committee).
2026 Regular Session HB5423 (Judiciary)
Comment by: Daniel Farmer on February 10, 2026 09:34
If they are illegal for sure then they shouldn’t vote or be allowed to drive.
2026 Regular Session HB4600 (Judiciary)
Comment by: Anita Bernhardt on February 10, 2026 09:32
We do not need this change to voting, which will make it harder to vote for so many people in WV. Shame on you.
2026 Regular Session HB4412 (Judiciary)
Comment by: Daniel Farmer on February 10, 2026 09:23
This is a good common sense bill that is needed for online safety and protection.
2026 Regular Session HB4712 (Judiciary)
Comment by: Randy Wells on February 10, 2026 09:04
Driving under the influence is a serious crime. The sentence should fit the crime and be as serious especially when it involves a death or serious injury.
2026 Regular Session HB4712 (Judiciary)
Comment by: Anita Loper on February 10, 2026 08:36
Baileys life ended senselessly because of someone who chose to get behind the wheel of a car and drive intoxicated!! There should be stiffer laws against this!!! This is in my opinion
2026 Regular Session HB4600 (Judiciary)
Comment by: Elizabeth Wheeler on February 10, 2026 07:38
House Bill 4600 is an unnecessary and punitive measure to maintain election "integrity." The current system which allows for mail-in ballots to be postmarked by the deadline, and presuming that the postal service delivers the ballots prior to the official count, should be considered valid.  House Bill 4600 serves to exclude the elderly, the disabled, military service members, students and people employed out of state and others who cannot vote in person. I urge our representatives to reject House Bill 4600.
2026 Regular Session HB5361 (Judiciary)
Comment by: JANICE DISASI on February 10, 2026 03:02
I agree with House Bill 5361 & that schools, churches, hospitals, courthouses and social service organizations should be exempt from immigration enforcement activities.
2026 Regular Session HB5385 (Judiciary)
Comment by: Jayli Flynn on February 9, 2026 20:25
oppose HB 5385 because it repeals core statutes that structure how West Virginia residents defend, recover, and resolve disputes over land possession and title—at the same time the Legislature is actively debating changes to eminent domain scope and compensation. This combination increases legal uncertainty, increases litigation risk, and disproportionately harms ordinary property holders and heirs’ property families. 1) HB 5385 deletes key land-recovery and defense statutes without replacing them HB 5385 repeals three code sections outright: §55-2-1 (entry upon or recovery of lands), §55-3-1 (issuance of summons), and §55-3-6 (equitable defenses; adverse possession).  Those provisions are not “minor.” They are part of the framework courts and residents rely on to:
  • resolve possession disputes,
  • establish equitable defenses in land cases,
  • and reduce chaos in long-running boundary/title conflicts.
Repealing them with no replacement language invites more inconsistent outcomes county-to-county, higher legal costs, and more strategic litigation. 2) This repeal collides with active eminent-domain legislation this session This session includes bills that explicitly address how takings work and how owners are compensated, including:
  • HB 5027 (use of property taken by eminent domain) keeps the “public use” list and includes language stating that “public use” may not be construed primarily for private economic development, and that property may not be taken for economic development that results in transfer of control to a private entity (with an urban-renewal “slum/blight” carve-out).  
  • HB 4550 requires the condemning applicant to provide its appraisal to landowners with the initial offer in eminent domain negotiations.  
  • HB 4499 proposes enhanced compensation—twice fair market value—plus damages to remaining property, and applies it broadly across condemnors.  
Whether a person supports those eminent-domain reforms or not, the point is simple: the Legislature is actively reworking condemnation rules. In that context, deleting land-possession defenses and land-recovery procedures in HB 5385 is destabilizing and risky. 3) Practical harm: HB 5385 increases vulnerability for heirs’ property and long-held occupancy West Virginia has many properties with:
  • imperfect titles,
  • generational transfer issues,
  • boundary uncertainties,
  • and informal occupancy arrangements.
In these real-world situations, equitable defenses and adverse-possession doctrine can be part of how disputes get resolved and titles get cleared. Repealing §55-3-6 (“equitable defenses; adverse possession”) removes statutory grounding for those defenses.  The predictable result is more displacement pressure through litigation, not less. 4) If the goal is “anti-squatting,” HB 5385 is overbroad and blunt If the Legislature’s concern is preventing bad-faith occupation or trespass, that can be addressed with targeted reforms. HB 5385 instead eliminates broad statutory structure that residents also rely on for legitimate title/possession resolution.  That’s poor policy design: it punishes lawful owners/occupants in messy title situations along with any bad actors. Requested action Reject HB 5385 unless it is rewritten to (1) preserve due-process land recovery procedures and (2) maintain clear statutory standards for equitable defenses and title/possession dispute resolution—especially while the Legislature is simultaneously modifying eminent-domain “public use” and compensation rules. 
2026 Regular Session HB5376 (Judiciary)
Comment by: Jayli Flynn on February 9, 2026 20:11
HB 5376 requires toxicology testing “as soon as possible” after any fatal crash.  That sounds neutral, but in practice it can systematically disadvantage medical cannabis patients because THC blood/serum thresholds and detection do not reliably show current impairment. West Virginia’s medical cannabis law itself uses a 3-nanogram active THC in blood serum standard in patient prohibitions, showing the state already relies on nanogram-style cutoffs for cannabis.  Research summarized by the Marijuana Policy Project and AAA Foundation findings indicate there is no THC concentration that reliably predicts impairment like alcohol, and regular users may exceed per se cutpoints days after last use despite no evidence of impairment.  Mandating toxicology after fatal crashes increases the likelihood that lawful patients are treated as impaired based on residual THC, shifting investigation and blame away from actual crash causation (speed, roadway conditions, distraction, vehicle failure, or another driver’s conduct). Public safety should be based on observable impairment and driving behavior, not a biomarker that can persist after impairment ends.  
2026 Regular Session HB5375 (Judiciary)
Comment by: Jayli Flynn on February 9, 2026 20:05
oppose HB 5375 because it expands court involvement in school attendance matters in a way that disproportionately harms low-income families, rural households, and families facing access barriers, while failing to address the root causes of chronic absenteeism. 1.  Escalation from attendance issue to court control Under existing law, repeated truancy may already result in criminal proceedings against a parent or guardian under WV Code §18-8-2. HB 5375 expands this framework by creating a new truancy-specific diversion and delayed sentencing structure, allowing courts to impose supervision, compliance conditions, and extended jurisdiction tied to attendance metrics. This shifts truancy from an educational issue into a prolonged justice-system matter, particularly for families who lack transportation, reliable housing, or flexible work schedules. 2.  Financial penalties and inability to pay Truancy enforcement may result in fines, court costs, compliance requirements, and program obligations. While constitutional law prohibits incarceration solely for inability to pay, families who cannot pay still face:
  • repeated court appearances,
  • prolonged supervision,
  • risk of contempt findings if non-compliance is deemed “willful,” and
  • extended legal control over parents and students.
HB 5375 does not require early ability-to-pay determinations or cap cumulative financial exposure, meaning families with fewer resources remain under court oversight longer than families who can resolve cases quickly through payment. 3.  Economic exclusion from civic participation Although West Virginia law does not remove voting rights for truancy or inability to pay (WV Const. art. IV, §1; WV Code §3-2-2), prolonged court supervision and financial pressure functionally limit civic participation. Families under ongoing legal obligations often lack the time, money, transportation, or security to:
  • attend public meetings,
  • advocate for policy change,
  • challenge school or government practices,
  • or participate meaningfully in local governance.
This creates a pay-to-participate reality, where economic status determines who can engage in reform, even though legal voting rights technically remain intact. 4.  Failure to address root causes of absenteeism HB 5375 emphasizes enforcement, supervision, and compliance but does not require that underlying barriers be resolved before criminal involvement, including:
  • lack of school transportation,
  • rural distance to schools,
  • disability or medical needs,
  • housing instability,
  • caregiving responsibilities,
  • or approved alternative education arrangements.
Without mandatory access-based interventions, the bill risks punishing families for circumstances beyond their control. 5.  Risk of disproportionate impact By tying relief to compliance capacity rather than access solutions, HB 5375 disproportionately impacts:
  • low-income families,
  • rural households,
  • families already interacting with courts or state agencies,
  • and communities historically subject to higher levels of surveillance and enforcement.
Education policy should reduce barriers to attendance, not expand pathways into the justice system. Conclusion HB 5375 increases court leverage over families without ensuring transportation, access, or financial protections. While it does not formally strip voting rights, it creates economic and legal pressures that effectively exclude those without resources from meaningful civic participation and reform. For these reasons, HB 5375 should be rejected or substantially amended to prioritize access-based solutions over punitive enforcement.
2026 Regular Session HB5372 (Judiciary)
Comment by: Jayli Flynn on February 9, 2026 19:49
I oppose House Bill 5372 (2026), which would allow persons 18–20 years old to carry a concealed deadly weapon without a permit — treating them the same as persons aged 21 and older under current law.  Key facts about the bill:
  • It would remove existing criminal penalties for carrying a concealed deadly weapon without a permit for people age 18–20.  
  • It amends current sections of the West Virginia Code (§61-7-3, §61-7-6, §61-7-7) to expand concealed carry eligibility to include younger adults.  
Reasons for opposition (factual basis):
  1. Public safety concerns: Expanding concealed carry without a permit to individuals as young as 18 removes a licensing and vetting requirement for a demographic with less life experience and, statistically, higher rates of risky behavior, which could increase accidental shootings or confrontational uses of deadly force.
  2. Training and accountability: Current law’s permit process includes safety training and background checks. Eliminating or bypassing this for 18- to 20-year-olds reduces incentives for standardized firearm safety education.
  3. Potential law enforcement challenges: Law enforcement officers rely on distinctions in licensing to assess risk and enforce weapons laws. Broadening unlicensed carry creates ambiguity that may complicate policing and increase dangerous encounters.
  4. Risk of escalation: Concealed carry without permitting may lead to more armed escalations in disputes that could otherwise be de-escalated, particularly among younger adults.
This bill represents a significant shift in firearm policy with major implications for community safety, training standards, and law enforcement interactions, and should not be advanced without rigorous study of its impacts and consideration of safety safeguards.
2026 Regular Session HB5371 (Judiciary)
Comment by: Jayli Flynn on February 9, 2026 19:41
I oppose legislation that expands firearm carry on or inside the State Capitol and Capitol grounds. The State Capitol is a sensitive civic space that serves a unique function: it is where residents petition their government, attend hearings, provide testimony, and engage directly with elected officials. Unlike public sidewalks or general public areas, the Capitol hosts high-conflict policy debates, emotionally charged hearings, and vulnerable participants, including constituents, advocates, journalists, students, and staff. Current West Virginia law already permits broad firearm possession statewide while recognizing that certain locations require heightened safeguards due to their function. Courts, schools, and other government facilities maintain restrictions or security controls not because firearm ownership is prohibited, but because order, neutrality, and public access must be preserved. Capitol-carry proposals create several concrete problems:
  1. Public Participation & Intimidation Allowing firearms in legislative spaces risks chilling constitutionally protected activity. Citizens should not have to assess whether armed individuals are present before deciding whether to testify, attend a hearing, or petition their representatives. Even lawful carry can have an intimidating effect in high-conflict political settings.
  2. Lack of Preventive Safeguards These bills typically rely on after-the-fact criminal statutes (such as brandishing or breach of peace) rather than preventive standards, such as:
    • mandatory training for Capitol-specific environments,
    • clear conduct rules for legislative spaces,
    • defined enforcement authority for Capitol Police,
    • or uniform screening and security protocols.
  3. Security & Enforcement Conflicts Expanding carry without clear operational rules places Capitol Police and security staff in an untenable position—forced to distinguish lawful from unlawful behavior in real time during protests, hearings, or emergencies, increasing the risk of escalation rather than safety.
  4. Redundancy Without Public Benefit West Virginia already recognizes firearm rights broadly. Expanding carry into the Capitol does not address a demonstrated safety failure, nor does it solve an identified problem. Instead, it introduces new risks in a space designed for democratic participation, not armed presence.
  5. Inconsistency with Government Neutrality The Capitol should remain a place where government power is exercised through law and debate—not through the implicit presence of weapons. Maintaining firearm restrictions in legislative spaces supports neutrality, accessibility, and public trust.
Conclusion Protecting constitutional rights does not require transforming the State Capitol into an armed environment. Public safety, democratic participation, and the integrity of legislative proceedings are best served by keeping Capitol spaces secure, neutral, and welcoming to all residents, regardless of background or political position. For these reasons, I respectfully urge lawmakers to reject Capitol carry legislation and maintain existing protections for legislative spaces.
2026 Regular Session HB4371 (Judiciary)
Comment by: richard wiseman on February 9, 2026 19:07
Hello I would like you to fully legalized cannabis for adult recreational use and medical use let us grow our own and offer growing classes for those that dont know how to do so. Let us have our freedom I have smoked cannabis for years for back pain because I used to be addicted to pain pills pecocets 10s  to be exact I was hooked on them for 2 years got to smoking some cannabis and got off of the pills for good 18 years clean from all opiates all because of cannabis please make it legal virginia is legal Michigan is legal where missing out on lots of cash with interstate commerce sales of cannabis have cannabis farmers markets like California we need to be a healthier state and I believe cannabis is key to great wealth for out beautiful state if will create more tourism to our state it will create jobs healthier citizens of our beautiful state let us grow what God has given us let's heal and grow as a state green is the new black in reference to coal that where famous for lets have a green rush like Colorado use the cash for peia insurance and education to fix our roads and free alot of prisoners for wrongful arrest and restitution for growing or distribution of a plant that the good lord gave us so consider the benefits to our great state of west virginia God bless all and make it legal
2026 Regular Session HB5336 (Judiciary)
Comment by: John Wires on February 9, 2026 19:02
There are so many people of all ages in these types of situations. My elderly father of 80 years old is a victim of this type of behavior from his 73 year old girlfriend. I have all kinds of audio evidence  as well there is another family she done similar things to their father with a case that went clearn to the West Virginia supreme court. Which had to do with her last boyfriends will and last testament. There is a clear pattern of behavior that can be established. But 2 lawyers have told me nothing can be done about it. At-least with the current laws on the books. I'm begging all of our law makers to pass this bill please.  Thank you for your consideration on this matter and thank you Delegate Kayla Young for introducing this bill.
2026 Regular Session HB5336 (Judiciary)
Comment by: Cristy Anderson on February 9, 2026 18:59
I absolutely support this with provisions in place to ensure abusers do not manipulate this to further perpetuate harm to victims. Sadly, many abusers use coercive control laws to flip the narrative around. If someone is putting away a little money in preparation for leaving an abusive situation, the abuser will later claim the victim was controlling the money. If a victim says he/she is going to report abusive behavior to the police, the abuser will allege the victim is “threatening.” Coercive control should be codified in our laws, but our courts need trauma informed personnel who can see through the facades and blame shifting to identify who is the true victim and who is the abuser.
2026 Regular Session HB5348 (Judiciary)
Comment by: Jayli Flynn on February 9, 2026 18:24
I respectfully oppose HB 5348 because it expands criminal penalties for pedestrian presence in roadways and rights-of-way without first ensuring that safe, lawful pedestrian infrastructure exists across West Virginia. In many West Virginia communities—particularly older cities, small towns, and rural areas—sidewalks are incomplete, substandard, obstructed, or entirely absent. Streets were often built decades ago under historic right-of-way standards that do not accommodate modern sidewalk widths without major reconstruction. As a result, pedestrians frequently have no choice but to walk along shoulders, edges of roadways, or informal paths. This is not a theoretical concern. For example, the City of Huntington recently adopted a local ordinance establishing a minimum 3-foot sidewalk standard. However, city records show that many neighborhoods lack sidewalks altogether, large portions of existing sidewalks are narrower than the standard, and the city faces a multimillion-dollar backlog in sidewalk repairs. When local or state laws define “safe” pedestrian zones that do not physically exist, pedestrians are effectively pushed into areas that HB 5348 would further criminalize. HB 5348 therefore risks creating situations where people have no lawful place to walk. Disproportionate Harm to People Without Cars or Transit Access This bill would cause particular harm to:
  • people who do not own cars,
  • individuals without reliable access to public transportation,
  • low-income residents,
  • disabled pedestrians,
  • elderly residents,
  • and people who rely on walking for daily necessities such as work, medical care, groceries, and childcare.
In many West Virginia communities, bus service is limited, nonexistent, or unavailable outside narrow corridors or operating hours. Walking is not a choice—it is a necessity. Penalizing pedestrian presence in roadways or rights-of-way without providing sidewalks effectively criminalizes daily life for people who already have the fewest transportation options. Instead of improving safety, HB 5348 shifts the burden of infrastructure failure onto individuals least able to absorb fines, citations, or legal consequences. First Amendment and Public Forum Concerns Public sidewalks and streets have long been recognized as traditional public forums where expressive activity—including protest, leafleting, and solicitation—receives strong constitutional protection. While governments may impose content-neutral time, place, and manner restrictions for safety, those restrictions must be narrowly tailored and must leave open realistic alternative channels for movement and expression. If pedestrians and protestors are restricted to sidewalks that are missing, too narrow, or unusable, and are simultaneously prohibited from adjacent roadway areas, the result is the elimination of the forum itself rather than reasonable regulation. That raises serious concerns of overbreadth, vagueness, and inconsistent enforcement. Relevant Northern West Virginia Precedent West Virginia has already seen the legal consequences of overbroad pedestrian and right-of-way enforcement. In Rowand v. City of Morgantown, filed in the U.S. District Court for the Northern District of West Virginia, a municipal ordinance restricting panhandling and presence in rights-of-way was challenged as violating the First and Fourteenth Amendments. The case resulted in the repeal of the ordinance, vacating of prior convictions, and reimbursement of fines. That case demonstrates that laws restricting pedestrian presence or expressive activity in public rights-of-way—when not narrowly tailored and grounded in actual infrastructure realities—can expose municipalities and the state to legal liability while failing to improve public safety. HB 5348 risks repeating those same errors on a statewide scale. Safety Requires Infrastructure, Not Criminalization If the Legislature’s goal is pedestrian safety, the solution is:
  • identifying where sidewalks and safe pedestrian paths do not exist,
  • investing in pedestrian infrastructure,
  • and adopting context-sensitive standards that reflect real conditions on the ground.
Expanding criminal penalties without addressing infrastructure gaps does not improve safety. It increases risk, shifts responsibility away from the state, and disproportionately harms people who rely on walking because they have no alternative. For these reasons, I urge the Legislature to reject HB 5348.
2026 Regular Session HB5344 (Judiciary)
Comment by: Jayli Flynn on February 9, 2026 18:16
I oppose HB 5344 because it risks expanding or confusing exemptions in West Virginia weapons law at a time when carry restrictions in sensitive civic spaces—such as areas surrounding public demonstrations and the State Capitol complex—are already contested and subject to inconsistent interpretation. HB 5344 rewrites West Virginia’s definition of “antique firearm” in §61-7-2. Under the same statute, “firearm” is defined in a way that excludes “antique firearms” for most purposes.  As a result, any expansion or alteration in what qualifies as an “antique firearm” can operate as an indirect exemption from state laws that apply specifically to “firearms,” rather than to “deadly weapons” more broadly. This is not a hypothetical concern. The 2026 session includes legislation explicitly focused on clarifying where weapons may be carried around the State Capitol Complex (e.g., SB 747), indicating that public-carry boundaries and enforcement are currently disputed in practice.  In that context, changing definitional carve-outs can create additional loopholes, uneven enforcement, and increased conflict between citizens and law enforcement during constitutionally protected activity such as peaceful assembly. If the intent is simply to mirror federal language, federal law already provides a long-standing definition of “antique firearm” in 18 U.S.C. §921(a)(16).  West Virginia should not re-legislate definitions that can later drift or be amended without a full public safety and enforcement impact analysis. For these reasons—redundancy, enforcement risk, and the potential for expanded exemptions through definitional change—HB 5344 should not advance.
2026 Regular Session HB5337 (Judiciary)
Comment by: Jayli Flynn on February 9, 2026 18:05
I understand the safety concerns that motivate HB 5337, particularly the desire to prevent targeted harassment, threats, or violence against public officials and their families. However, as written, this bill raises serious concerns about transparency, unequal protections, and unintended suppression of lawful oversight and public accountability. HB 5337 does not function like comprehensive data-privacy laws in states such as California. It does not establish broad consumer data protections, uniform privacy rights, or clear limits on how personal data is collected, used, or sold. Instead, it creates a narrow, elevated privacy shield for a specific class of government officials, while leaving the general public, journalists, advocates, and whistleblowers without comparable protections. Key concerns include:
  • Unequal application of privacy protections The bill prioritizes privacy for legislators and certain officials without extending equivalent safeguards to ordinary residents, including victims of domestic violence, stalking, or retaliation, who often face similar or greater risks.
  • Chilling effect on transparency and oversight By expanding civil liability for disclosure, the bill risks discouraging lawful reporting, investigative journalism, and public-interest disclosures that rely on accurate identification of public officials acting in their official capacity.
  • Expansion of liability beyond government agencies The bill extends restrictions to private individuals and organizations, increasing the risk of litigation even where information is obtained lawfully, shared for public-interest purposes, or already accessible through public records.
  • Lack of clear guardrails and exemptions The bill does not sufficiently distinguish between malicious disclosure (doxxing, harassment) and legitimate uses such as accountability reporting, ethics investigations, or civic advocacy.
If West Virginia intends to modernize privacy protections, it should do so through comprehensive, neutral, and evenly applied data-privacy legislation, not through selective protections that elevate public officials above the public they serve. Privacy and safety can be protected without weakening transparency, press freedom, or public accountability. HB 5337, as currently drafted, does not strike that balance and should be reconsidered or significantly amended.
2026 Regular Session HB5324 (Judiciary)
Comment by: Jayli Flynn on February 9, 2026 17:53
I oppose HB 5324 because it weakens patient protection, undermines public-health principles, and shifts the cost of occupational disease from responsible parties to injured individuals, families, and public systems. 1.  Delays Accountability Until After Irreversible Harm HB 5324 restricts recovery to cases where a plaintiff already has a diagnosed asbestos- or silica-related impairment and explicitly bars damages for increased risk, fear of future disease, or ongoing medical monitoring absent malignancy. Asbestos and silica diseases are long-latency conditions, often developing decades after exposure. Conditioning legal remedies on full manifestation of disease adopts a “wait-until-it’s-too-late” model that contradicts established public-health practice, which prioritizes early intervention, risk mitigation, and prevention. 2.  Creates Legal Barriers for Workers and Rural Patients The bill allows the statute of limitations to begin not only at diagnosis, but when a person “reasonably should have known” to seek medical evaluation. This standard disadvantages:
  • workers exposed years earlier,
  • individuals misdiagnosed or underdiagnosed,
  • rural residents with limited access to occupational specialists.
This provision increases dismissal of claims on procedural grounds rather than merits and does not reflect the medical realities of delayed diagnosis. 3.  Provides Industry Immunity Despite Known Long-Term Risks HB 5324 imposes strict time limits on claims against coal equipment manufacturers (10–12 years from sale or delivery), even though asbestos- and silica-related diseases frequently appear well beyond those periods. Compliance with minimum federal safety standards does not eliminate exposure risk and should not function as retroactive immunity when harm manifests decades later. 4.  Fails to Protect Public Health or Reduce Exposure The bill does not:
  • improve exposure reporting,
  • fund medical monitoring,
  • enhance workplace safety enforcement,
  • or reduce asbestos or silica exposure.
Its stated purpose is judicial efficiency, not patient safety or prevention. As a result, it prioritizes litigation management over human health outcomes. 5.  Shifts Costs to Families and Taxpayers By limiting early accountability and barring compensation for preventive care and monitoring, HB 5324 increases the likelihood that long-term treatment costs will be borne by:
  • patients and families,
  • Medicaid and public health systems,
  • disability and social-service programs,
rather than the entities responsible for exposure. Conclusion HB 5324 does not strengthen public safety or patient protection. It delays accountability until irreversible harm occurs, shields manufacturers despite known long-term risks, and conflicts with evidence-based public-health principles. For these reasons, the bill should be rejected or substantially amended to restore prevention-based protections and access to justice for exposed workers and communities.
2026 Regular Session HB5319 (Judiciary)
Comment by: Jayli Flynn on February 9, 2026 17:44
HB 5319 raises serious constitutional and legal concerns. While framed as a public-safety measure, the bill effectively criminalizes unavoidable life-sustaining behavior—sleeping, resting, and possessing basic personal property—when performed on public land. Courts have consistently held that this approach violates constitutional protections. Key issues: • Eighth Amendment (Cruel and Unusual Punishment): Federal courts have ruled that governments cannot criminally punish people for sleeping or sheltering in public when no adequate alternative shelter is available. In West Virginia, shelter capacity is limited and exclusionary for many individuals (families, disabled people, people with medical needs). Penalizing unavoidable survival behavior under those conditions is unconstitutional. • Fourteenth Amendment (Due Process & Equal Protection): HB 5319 uses overly broad and vague definitions (“camp paraphernalia,” “personal property,” “camping”), giving law enforcement wide discretion. This invites selective enforcement and disproportionately targets unhoused individuals, which courts have repeatedly found violates equal protection and due-process standards. • First Amendment Implications: Public presence—especially near capitols, courthouses, and government buildings—has long been recognized as part of protected petitioning and expressive conduct. Removing people from public spaces through criminal penalties can suppress speech by effect, even if speech is not explicitly mentioned in the statute. • Criminalizing Poverty, Not Solving It: The bill escalates penalties—including jail time—for conditions rooted in lack of housing, not criminal intent. Courts have made clear that the Constitution does not allow punishment based on economic status or homelessness itself. • “Alternative shelter” language is insufficient: Courts have repeatedly ruled that theoretical or unavailable shelter options do not cure constitutional violations. An alternative must be accessible, appropriate, and actually available at the time of enforcement. Conclusion: HB 5319 does not address public health or safety in a constitutional or evidence-based way. Instead, it shifts homelessness into the criminal-justice system, exposing the state to legal liability while worsening human harm. Public policy should prioritize housing access, services, and lawful civil solutions—not incarceration for survival.
2026 Regular Session HB4600 (Judiciary)
Comment by: Nancy Kincaid on February 9, 2026 16:30
Please oppose this bill that cuts off counting of absentee ballots on election day.  We have two sons who served in the Navy as submarine officers.  People in the service often work around the clock when on duty, are away on deployment for months at a time, and have a lot on their minds.  Giving a cushion of days post-election helps these service people get their votes in and counted!  And with the new post office rule of not post-marking mail when it is dropped at the post office, it adds another layer of difficulty.  This bill would disenfranchise many service men and women, older folks, and people who have trouble getting around. We need to make it easier to get votes counted instead of harder!
2026 Regular Session HB5336 (Judiciary)
Comment by: Robin Bowden on February 9, 2026 16:27
Though I live in N.C,My daughter resides in wv.I am hoping and praying for you all to pass this bill!.my daughter is a victim of domestic violence,and sexual assault,myself,am a survivor of domestic violence.my daughter has lost everything she had,due to her situation,even my grandaughter,due to c.p.s,and the family court in Mercer county,wv.my daughter works,and sha has a home,though the home isn't perfect,those were two of the reasons for the paternal grandmother to file her guardianship petition.when the grandmother's petition was dismissed,due to failure to appear,her daughter files her own so called petition,one that my daughter never received from the family court,or through the mail.i am asking for a bill that would allow Innocent parents to petition the family court for expungement of her full record!i know expungement,only occurs in criminal cases,but what these two woman have done to my daughter ,I believe wholeheartedly is a criminal act.my daughter has not been charged with child abuse or neglect,nor abandonment by law enforcement. The paternal aunt came to my home and picked up my granddaughter,and the basis of a visit.12/7/2023,the paternal grandmother filed an emergency guardianship petition. My daughter has not received due process whatsoever by the family court,nor this second judge,and there's nothing on the document giving my daughter the right to appeal this judges order.my daughter has not signed any waiver of consent to anyone,for she has never met this judge!this judge made a decision,without allowing my daughter due process!the first judges name is on the paternal grandmother's guardianship petition, two months after she had retired from the bench.how?well I've wasted enough of your time,I thank you for understanding,I wish all of you well,and Godbless. Bill HB 5336 PASS, PASS, PASS! Please.        
2026 Regular Session HB4600 (Judiciary)
Comment by: Jeffrey Gordon on February 9, 2026 16:23
Voting needs to be accessible to all Americans. The facts are that major problems with our election process are false. I want you to vote no on house bill4600
2026 Regular Session HB5348 (Judiciary)
Comment by: Thomas Bloom on February 9, 2026 16:02
the bill should read The Legislature finds that the presence of persons standing in the middle of the roadway, or standing in the right of ways,........................ and should delete Near the roadways. (makes the law very clear and not arbitrary) An exemption for fire personnel, police or other EMS officials. I would also modify the first offense as a warning and to request to leave the area. (documented) This will provide safety to both the motorist and the pedestrian.
2026 Regular Session HB4600 (Judiciary)
Comment by: Shannon Gillen on February 9, 2026 15:50
Hello, and thank you for fighting for West Virginians! I am writing to tell you to PLEASE OPPOSE HB4600. By requiring absentee ballots to be received (rather than postmarked) by 8 PM on Election Day, this bill disenfranchises military personnel, seniors, people with disabilities, and West Virginians working or studying out of state. The bill also reduces the amount of time voters have to request an absentee ballot by one week. HB 4600 disregards West Virginia's strong election safeguards, peddling baseless conspiracy theories that waste time and ignore real issues. Instead of solving problems, it attacks voters and makes it harder for eligible West Virginians to cast their ballots. Additionally, the bill needlessly diverts time and attention away from solving the many real problems facing our state - like access to clean drinking water - while making it harder for eligible West Virginians to vote. HB 4600 would eliminate the current rule allowing ballots postmarked by Election Day to be counted if received before the canvass begins. This change rushes election officials, discards valid votes, and weakens trust in the process. Please. Help protect our Democracy. Thank you.
2026 Regular Session HB4600 (Judiciary)
Comment by: Mike Wolpert on February 9, 2026 14:56
I disagree with this bill. What difference does a few days make?  I feel it just another attempt to make it more difficult to vote. Our elections are not rigged. This is another attempt to sow distrust in our election system.
2026 Regular Session HB5368 (Judiciary)
Comment by: Philip Kaso, Executive Director, WVRSOL on February 9, 2026 14:54
WVRSOL opposes HB-5368 because it creates a publicly accessible domestic violence registry despite overwhelming evidence that registries do not reduce recidivism, improve safety, or prevent additional domestic violence. Moreover, decades of research show registries do not deter crime. HB-5368 explicitly applies retroactively, raising serious ex post facto concerns under Article III, Section 4 of the West Virginia Constitution. WVRSOL supports vigorous enforcement of domestic violence laws. Even with HB-5368's two-conviction threshold, it's still a public registry, which has been proven not to prevent domestic violence. It is proposed to apply retroactively in violation of constitutional protections and to expose West Virginia to unnecessary litigation. WVRSOL urges the Legislature to reject HB-5368 and avoid expanding registry-based punishment schemes that increase litigation risk without increasing public safety.   Below is the side-by-side legislative analysis of HB-5341, HB-5368, and HB-5253.
  • Threshold for Placement on the Registry
Issue HB-5341 HB-5368 HB-5253
Trigger for registration Single qualifying conviction involving an intimate partner (with limited judicial discretion for non-intimate partners) At least two qualifying convictions Three or more domestic violence convictions
Scope of offenses Domestic battery, domestic assault, strangulation Same offenses, but repeat-offender based Domestic violence as defined in §48-27-202
Judicial discretion Yes (written findings required for some cases) Minimal None once the threshold is met
  •  Nature and Purpose of the Registry
Issue HB-5341 HB-5368 HB-5253
Legislative framing Public safety via community awareness Public safety focused on repeat offenders Personal safety and informed decision-making
Regulatory vs. punitive language Declared “regulatory, not penal.” Same Informational and confidential
Access model Public, Internet-accessible registry Public, Internet-accessible registry Confidential, inquiry-based verification
  •  Information Collected from Registrants
Issue HB-5341 HB-5368 HB-5253
Personal identifiers Extensive (SSN, photo, fingerprints, vehicles, UAVs, internet identifiers) Essentially identical to HB-5341 Minimal (name, DOB, offense type)
Employment/education data Required Required Not collected
Victim identity Non-identifying only Non-identifying only Explicitly excluded
  •  Public Disclosure and Community Notification
Issue HB-5341 HB-5368 HB-5253
Internet publication Yes Yes No
Community notification Prosecutor-led programs authorized Same None
FOIA treatment Registry exempt but affirmatively disclosed Same The entire registry is confidential and FOIA-exempt
  •  Duration of Registration
Issue HB-5341 HB-5368 HB-5253
Registration period 10 years from release or supervision 10 years No fixed “registration term.”
Removal mechanism Conviction overturned One of two qualifying convictions was overturned The registry reflects conviction history only
  •  Enforcement and Penalties
Issue HB-5341 HB-5368 HB-5253
Failure to comply New crimes (misdemeanor → felony escalation) Same No independent registry offense
Probation/parole consequences Mandatory revocation Mandatory revocation Not applicable
  •  Retroactive vs. Prospective Application (NEW)
Issue HB-5341 HB-5368 HB-5253
Express retroactivity clause Yes Yes No
Statutory language “Applies both retroactively and prospectively.” Same language No retroactivity language
Practical effect Past convictions alone trigger registration Past convictions alone trigger registration Registry placement only after a post-enactment conviction
Use of prior convictions Full trigger Full trigger Counting predicates only
  •  Key distinctions
    • HB-5341 & HB-5368 expressly impose new legal obligations based solely on pre-enactment convictions, leaving little room for judicial narrowing.
    • HB-5253 operates prospectively, even though it considers prior convictions to determine whether the threshold is met.
  •  Structural and Policy Takeaway
    • HB-5341
      • Broadest registry, lowest threshold, explicit retroactivity, and public exposure.
    • HB-5368
      • Moderated scope (repeat offenders) but identical retroactive and public-registry structure.
    • HB-5253
      • Fundamentally different model: prospective, confidential, inquiry-based, and limited to chronic offenders.
Bottom Line The retroactivity provision is one of the clearest fault lines between these bills. HB-5341 and HB-5368 deliberately reach backward; HB-5253 deliberately does not.
2026 Regular Session HB5341 (Judiciary)
Comment by: Philip Kaso, Executive Director, WVRSOL on February 9, 2026 14:54
WVRSOL opposes HB-5341 because it creates a publicly accessible domestic violence registry despite overwhelming evidence that registries do not reduce recidivism, improve safety, or prevent additional domestic violence. Moreover, decades of research show registries do not deter crime. HB-5341 explicitly applies retroactively, raising serious ex post facto concerns under Article III, Section 4 of the West Virginia Constitution. WVRSOL supports vigorous enforcement of domestic violence laws but urges the Legislature to reject HB-5341 and avoid expanding registry-based punishment schemes that increase litigation risk without increasing public safety.   Below is the side-by-side legislative analysis of HB-5341, HB-5368, and HB-5253.
  • Threshold for Placement on the Registry
Issue HB-5341 HB-5368 HB-5253
Trigger for registration Single qualifying conviction involving an intimate partner (with limited judicial discretion for non-intimate partners) At least two qualifying convictions Three or more domestic violence convictions
Scope of offenses Domestic battery, domestic assault, strangulation Same offenses, but repeat-offender based Domestic violence as defined in §48-27-202
Judicial discretion Yes (written findings required for some cases) Minimal None once the threshold is met
  •  Nature and Purpose of the Registry
Issue HB-5341 HB-5368 HB-5253
Legislative framing Public safety via community awareness Public safety focused on repeat offenders Personal safety and informed decision-making
Regulatory vs. punitive language Declared “regulatory, not penal.” Same Informational and confidential
Access model Public, Internet-accessible registry Public, Internet-accessible registry Confidential, inquiry-based verification
  •  Information Collected from Registrants
Issue HB-5341 HB-5368 HB-5253
Personal identifiers Extensive (SSN, photo, fingerprints, vehicles, UAVs, internet identifiers) Essentially identical to HB-5341 Minimal (name, DOB, offense type)
Employment/education data Required Required Not collected
Victim identity Non-identifying only Non-identifying only Explicitly excluded
  •  Public Disclosure and Community Notification
Issue HB-5341 HB-5368 HB-5253
Internet publication Yes Yes No
Community notification Prosecutor-led programs authorized Same None
FOIA treatment Registry exempt but affirmatively disclosed Same The entire registry is confidential and FOIA-exempt
  •  Duration of Registration
Issue HB-5341 HB-5368 HB-5253
Registration period 10 years from release or supervision 10 years No fixed “registration term.”
Removal mechanism Conviction overturned One of two qualifying convictions was overturned The registry reflects conviction history only
  •  Enforcement and Penalties
Issue HB-5341 HB-5368 HB-5253
Failure to comply New crimes (misdemeanor → felony escalation) Same No independent registry offense
Probation/parole consequences Mandatory revocation Mandatory revocation Not applicable
  •  Retroactive vs. Prospective Application (NEW)
Issue HB-5341 HB-5368 HB-5253
Express retroactivity clause Yes Yes No
Statutory language “Applies both retroactively and prospectively.” Same language No retroactivity language
Practical effect Past convictions alone trigger registration Past convictions alone trigger registration Registry placement only after a post-enactment conviction
Use of prior convictions Full trigger Full trigger Counting predicates only
  •  Key distinctions
    • HB-5341 & HB-5368 expressly impose new legal obligations based solely on pre-enactment convictions, leaving little room for judicial narrowing.
    • HB-5253 operates prospectively, even though it considers prior convictions to determine whether the threshold is met.
  •  Structural and Policy Takeaway
    • HB-5341
      • Broadest registry, lowest threshold, explicit retroactivity, and public exposure.
    • HB-5368
      • Moderated scope (repeat offenders) but identical retroactive and public-registry structure.
    • HB-5253
      • Fundamentally different model: prospective, confidential, inquiry-based, and limited to chronic offenders.
Bottom Line The retroactivity provision is one of the clearest fault lines between these bills. HB-5341 and HB-5368 deliberately reach backward; HB-5253 deliberately does not.
2026 Regular Session HB5253 (Judiciary)
Comment by: Philip Kaso, Executive Director, WVRSOL on February 9, 2026 14:54
WVRSOL opposes HB-5253 because domestic violence registries have proven ineffective and may place victims at greater risk. National experts warn that offender registries are not a tool for primary prevention and can discourage reporting while escalating retaliation. Although labeled “confidential,” the registry created by HB-5253 is accessible to the public upon request and is likely to expand over time. This “registry creep” mirrors the failed sex offense registry model, which decades of research show does not reduce recidivism or improve public safety. HB-5253 also raises serious constitutional concerns, including potential ex post facto violations under Article III, Section 4 of the West Virginia Constitution. WVRSOL supports evidence-based policies that protect survivors and reduce domestic violence. HB-5253 does neither, and we respectfully urge its rejection.   Below is the side-by-side legislative analysis of HB-5341, HB-5368, and HB-5253.
  • Threshold for Placement on the Registry
Issue HB-5341 HB-5368 HB-5253
Trigger for registration Single qualifying conviction involving an intimate partner (with limited judicial discretion for non-intimate partners) At least two qualifying convictions Three or more domestic violence convictions
Scope of offenses Domestic battery, domestic assault, strangulation Same offenses, but repeat-offender based Domestic violence as defined in §48-27-202
Judicial discretion Yes (written findings required for some cases) Minimal None once the threshold is met
  •  Nature and Purpose of the Registry
Issue HB-5341 HB-5368 HB-5253
Legislative framing Public safety via community awareness Public safety focused on repeat offenders Personal safety and informed decision-making
Regulatory vs. punitive language Declared “regulatory, not penal.” Same Informational and confidential
Access model Public, Internet-accessible registry Public, Internet-accessible registry Confidential, inquiry-based verification
  •  Information Collected from Registrants
Issue HB-5341 HB-5368 HB-5253
Personal identifiers Extensive (SSN, photo, fingerprints, vehicles, UAVs, internet identifiers) Essentially identical to HB-5341 Minimal (name, DOB, offense type)
Employment/education data Required Required Not collected
Victim identity Non-identifying only Non-identifying only Explicitly excluded
  •  Public Disclosure and Community Notification
Issue HB-5341 HB-5368 HB-5253
Internet publication Yes Yes No
Community notification Prosecutor-led programs authorized Same None
FOIA treatment Registry exempt but affirmatively disclosed Same The entire registry is confidential and FOIA-exempt
  •  Duration of Registration
Issue HB-5341 HB-5368 HB-5253
Registration period 10 years from release or supervision 10 years No fixed “registration term.”
Removal mechanism Conviction overturned One of two qualifying convictions was overturned The registry reflects conviction history only
  •  Enforcement and Penalties
Issue HB-5341 HB-5368 HB-5253
Failure to comply New crimes (misdemeanor → felony escalation) Same No independent registry offense
Probation/parole consequences Mandatory revocation Mandatory revocation Not applicable
  •  Retroactive vs. Prospective Application (NEW)
Issue HB-5341 HB-5368 HB-5253
Express retroactivity clause Yes Yes No
Statutory language “Applies both retroactively and prospectively.” Same language No retroactivity language
Practical effect Past convictions alone trigger registration Past convictions alone trigger registration Registry placement only after a post-enactment conviction
Use of prior convictions Full trigger Full trigger Counting predicates only
  •  Key distinctions
    • HB-5341 & HB-5368 expressly impose new legal obligations based solely on pre-enactment convictions, leaving little room for judicial narrowing.
    • HB-5253 operates prospectively, even though it considers prior convictions to determine whether the threshold is met.
  •  Structural and Policy Takeaway
    • HB-5341
      • Broadest registry, lowest threshold, explicit retroactivity, and public exposure.
    • HB-5368
      • Moderated scope (repeat offenders) but identical retroactive and public-registry structure.
    • HB-5253
      • Fundamentally different model: prospective, confidential, inquiry-based, and limited to chronic offenders.
Bottom Line The retroactivity provision is one of the clearest fault lines between these bills. HB-5341 and HB-5368 deliberately reach backward; HB-5253 deliberately does not.
2026 Regular Session HB4600 (Judiciary)
Comment by: Christa Shafer on February 9, 2026 12:58
This bill must be rejected as it limits voting for citizens that work away from their polling places, such as military, truck drivers, travel nurses along with disabled individuals especially in rural areas.
2026 Regular Session HB4515 (Judiciary)
Comment by: Daniel Pancake on February 9, 2026 10:50
Please submit this bill on the floor so it can be voted on. This bill is vital inorder to rescue WV church properties from a so called religious organization holding congregations hostage by using an antiquated trust clause dated back to the mid 1700s, which has no meaning today. The congregations built the church and maintained the properties since their beginning. The conference has never supplied any financial support. There is not any mention of a trust or a lien in any of our deeds. This is a WV property issue, not a ecumenical issue. Thanks  
2026 Regular Session HB4600 (Judiciary)
Comment by: Vanessa Reaves on February 9, 2026 09:25
What is the point of this bill aside from put more restrictions on West Virginians voting rights? What are the statistics showing that this creates any type of problem in the state? Can you focus on legislation that will help the state?
2026 Regular Session HB5341 (Judiciary)
Comment by: Daniel F on February 9, 2026 09:13
Well since we are in love with registered criminals in this state….how come we don’t have a murder registry? DUI registry? Drug Dealer registry? Felony theft registry?
2026 Regular Session HB5319 (Judiciary)
Comment by: Michele F on February 9, 2026 09:02
So where do they go? Any solutions? Maybe the rich delegate from the 78th will invite them into his house since he is a man of God?
2026 Regular Session HB5176 (Judiciary)
Comment by: Philip Kaso, Executive Director, WVRSOL on February 9, 2026 06:04
West Virginia House of Delegates House Judiciary Sub-Committee on Courts Written Testimony on HB-5176 Submitted by: Philip Kaso Executive Director West Virginians for Rational Sexual Offense Laws (WVRSOL) Position ☑ Oppose   ☐ Support   ☐ Support with Amendments What HB-5176 Does
  • Creates a public, searchable animal abuse database maintained by the WV State Police
  • Requires automatic inclusion upon conviction or plea
  • Imposes a $125 annual fee, enforceable via judgment lien
  • Directs collected fees to the WV State Police Criminal Justice Information Services Fund
 Why WVRSOL Opposes HB-5176
  1. No Public Safety Benefit
  • Registries do not deter crime; decades of empirical research confirm this
  • Animals cannot access registry information
  • Public access serves no preventive function
  1. Public Shaming as Policy
  • The registry’s primary effect is reputational punishment after sentence completion
  • Increases the risk of harassment and vigilantism
  • Mirrors failed sex-offense registry models
  1. Revenue Generation + Litigation Risk
  • Annual fees and lien enforcement replicate structures already under federal constitutional challenge
  • Expands state exposure to §1983 civil-rights litigation
  1. Constitutional Concerns
  • Potential ex post facto violations if applied retroactively
  • Ongoing public burdens constitute punitive effects under established case law
  • Violates Article III, Section 4 of the WV Constitution
WVRSOL Recommendation
  • Reject HB-5176 as drafted
  • If considered further, remove the public registry and fee provisions
Focus resources on enforcement, treatment, and prevention programs that actually reduce animal abuse.
2026 Regular Session HB5016 (Judiciary)
Comment by: Philip Kaso, Executive Director, WVRSOL on February 9, 2026 05:59
West Virginians for Rational Sexual Offense Laws (WVRSOL) supports HB 5016 because it represents a critical shift toward evidence-based prevention as a core public safety strategy. HB 5016 requires the development and implementation of a statewide prevention plan that focuses on services for at-risk children and their families. These services emphasize trauma-informed education, support, and programs that meet empirical, evidence-based criteria. Research consistently demonstrates that prevention and early intervention reduce abuse more effectively than reactive, punitive approaches implemented after harm has already occurred. For too long, public policy has focused on expanding registry-based systems that are costly, constitutionally vulnerable, and ineffective at preventing first-time offenses. HB 5016 instead directs attention and resources to strategies that work—supporting children, strengthening families, and addressing risk factors before abuse occurs. By grounding prevention efforts in empirical evidence rather than fear-based policymaking, HB 5016 promotes a smarter use of taxpayer dollars and better long-term public safety outcomes. It aligns with WVRSOL’s mission to reduce abuse, help families, and improve community safety through rational, data-driven policy. For these reasons, WVRSOL respectfully urges lawmakers to support HB 5016 and vote YES.
2026 Regular Session HB4147 (Judiciary)
Comment by: Shyanne Workman on February 8, 2026 23:38
I agree with this bill because tobacco use is harmful to minors health. Making underage possession unlawful could discourage teenagers from using tobacco and actually help protect their long-term life.
2026 Regular Session HB4712 (Judiciary)
Comment by: Melisa Kinser on February 8, 2026 21:34
I don’t think no parent should have to go through this. They deserve justice for Baylee. It’s not fair that she gets to be free because she chose to drink and drive and she needs consequences.
2026 Regular Session HB4712 (Judiciary)
Comment by: Destiny on February 8, 2026 21:31
Prayers for Baylee’s family and friends. JUSTICE FOR BAYLEE
2026 Regular Session HB4712 (Judiciary)
Comment by: Jenna on February 8, 2026 21:23
The sentencing needs to be longer.
2026 Regular Session HB5186 (Judiciary)
Comment by: Brian Powell on February 8, 2026 20:59
I strongly support this legislation. SLAPPs are a cancer on public discourse, allowing the well heeled to silence the larger public due to the risk of financial ruin. This practice should be banned.
2026 Regular Session HB4712 (Judiciary)
Comment by: Nancy Paugh on February 8, 2026 20:54
I am writing in hopes of getting Baylea’s bill passed.  Baylea was murdered by a drunk driver.  A driver that made a choice to drink and take another persons life.  The family, friends and community that has lost her will never get her back.
2026 Regular Session HB5224 (Judiciary)
Comment by: Brian Powell on February 8, 2026 20:53
I oppose this bill. It unnecessarily complicates the state tax code. If the intent is to provide a larger financial incentive for poll workers, just pay them money upfront like any other job.
2026 Regular Session HB4712 (Judiciary)
Comment by: Samuel Morris on February 8, 2026 20:48
Baylea’s law should be passed to more righteously punish the evil of those who are willing to selfishly and carelessly endanger other peoples’ lives, possibly resulting in death. It actually happens as in the case of Baylea Craig. This should be dealt with similarly to murder, and may God grant that a stricter sentence and the publishing of that sentence to the public will cause some to rethink drinking and driving.
2026 Regular Session HB4712 (Judiciary)
Comment by: Terry Lamb on February 8, 2026 18:01
Please pass this bill
2026 Regular Session HB4600 (Judiciary)
Comment by: Barb Howe on February 8, 2026 16:00
I am writing to oppose HB 4600, which will make it harder for people to vote absentee and require ballots to be received by 8 pm on Election Day instead of being postmarked on Election Day. First, 8 p.m. on Election Day is a strange time. Your website is not working to allow me to download the full text of the bill but received where by 8 pm? Mail service does not usually run that late in the day. Will you be asking mail carriers to do extra work? Also, no one who mails a ballot can guarantee when it will be received. That is out of the voter's hands. If it has to be postmarked by Election Day, you can take it to the post office to be hand postmarked at the last minute if needed. Just last week, with the bad weather here in Morgantown, my mail has not been delivered since Thursday. I know there is mail coming, and I have a card in my mailbox with the flag up that I put out Friday morning. The card is still there, and the flag is still up today - Sunday afternoon. Since I can't drive in bad weather, this is my only way to have outgoing mail. That could be happening with a ballot, as the clerks at the post office and the mail carriers have all told me they don't have enough people or enough working vehicles to deliver the mail in a timely manner -- and I do not live on an isolated rural road. Since people can request an absentee ballot until 6 days before the election, your billl would make it almost impossible for someone to receive that ballot, complete it, and guarantee it was received somewhere by 8 pm on Election Day. I have been a poll worker since 2012. Voter fraud is not an issue in Monongalia County.  Where is your proof, in West Virginia, that your proposed change will do anything to address any specific kind of fraud? and what is that kind of fraud? What is the point of making it harder to vote? Thank you.
2026 Regular Session HB4712 (Judiciary)
Comment by: Chloe carroll on February 8, 2026 14:08
Justice for Baylea!!!