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WV HB5101

Bill

Status

Enrolled

3/14/2026

Primary Sponsor

Tristan Leavitt

Click for details

Origin

House of Delegates

2026 Regular Session

AI Summary

  • Clarifies that defensive measures used for self-protection do not constitute domestic violence under West Virginia law
  • Increases penalties for strangulation, suffocation, or asphyxiation of family/household members to 2-10 years imprisonment, with repeat offenders facing 3-15 years
  • Raises fines for domestic battery from $500 to $2,000 (first offense) and from $1,000 to $4,000 (second offense), with third offenses now carrying up to $5,000 fine and 2-10 years imprisonment
  • Establishes a $150 surcharge on all domestic violence convictions beginning January 1, 2027, with funds directed to licensed domestic violence programs
  • Expands the lookback period for prior domestic violence convictions from 10 years to 20 years and allows courts to set higher bail in domestic violence cases involving protective order violations or serious risk of harm

Legislative Description

The Joanna Phillips Domestic Violence Prevention Act

Crime

Last Action

Completed legislative action

3/14/2026

Committee Referrals

Judiciary2/18/2026
Judiciary2/5/2026
Legal Services2/4/2026
Judiciary2/3/2026

Full Bill Text

No bill text available