Committee clarifies felony for obstructing medical or forensic care in sexual‑assault cases; adds explicit protection for coerced victims

West Virginia Senate committee (as identified in the transcript) · March 11, 2026

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Summary

A strike‑and‑insert to House Bill 5484 was amended to clarify that victims coerced into illegal acts are not to be criminally liable; sponsors said the bill targets traffickers and abusers who prevent victims from receiving forensic or medical care.

A Senate committee considered a strike‑and‑insert for House Bill 5484 that would create a felony for anyone who by force, threat or coercion interferes with a person’s right to seek medical or forensic care after certain crimes. Counsel summarized the bill’s felony range (five to 15 years and up to $50,000 fine for the enumerated offenses) and said clarifying language was added in the draft.

Members raised concerns that the conspiracy subsection could be read to include victims who later participated in unlawful acts under coercion. Sponsor Delegate White explained the bill’s intent: it targets traffickers and abusers who coerce or force victims to have illegal out‑of‑facility abortions or otherwise keep victims from appropriate medical treatment. She said the bill is intended to protect, not to criminalize, victims.

To address the committee’s concern, members adopted an amendment (by unanimous consent) clarifying that “nothing in this subsection shall be construed to impose criminal liability on the victim of the [enumerated] offense.” The amendment was framed as restorative language to avoid any appearance that coerced victims could be charged under the conspiracy provision.

After discussion and the clarifying amendment, the committee adopted the strike‑and‑insert as amended and voted to report HB 5484 to the full Senate with a recommendation that it pass.

What happens next: The bill moves to the full Senate; sponsors and counsel signaled intent to monitor drafting to avoid unintended consequences for victims.