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Judiciary committee advances a package of bills on corrections, taxes, health and probate
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Summary
The Senate Judiciary Committee reported a slate of bills to the full Senate, including increased penalties for contraband in correctional facilities, a change to real-estate transfer valuation and exemptions, an expansion of the Right to Try Act, and a requirement that the State Bar publish online materials for executors and administrators.
The Senate Judiciary Committee reported multiple House bills to the full Senate during a single session. Highlights included:
House Bill 4415 (strike-and-insert): The committee adopted a strike‑and‑insert that increases penalties related to unlawfully transferring telecommunications devices into correctional facilities, expands the definition of telecommunications devices and raises sentence and fine ranges for several related offenses; the strike‑and‑insert and a title amendment were adopted and the bill was reported.
House Bill 4364 (as amended): The committee advanced language establishing concurrent jurisdiction with the federal government over federal land used for military purposes and clarifying circuit‑court juvenile jurisdiction when federal district courts waive exclusive jurisdiction. Members adopted an amendment previously made in the military committee and reported the bill.
House Bill 4366 (as amended): The committee adopted amendments to a bill that would allow military protective orders to be treated by magistrates as sufficient evidence for emergency domestic‑violence protective orders and require law‑enforcement notification to issuing agencies on probable‑cause arrests; the bill was reported as amended.
House Bill 4625 (tax): Counsel explained a strike‑and‑insert to amend the excise tax on property transfers, raise an exempt threshold to $1,000, add several family‑transfer exemptions, and change valuation language to better approximate market value. Senator Brooke offered an amendment replacing a "multiply by 1.66" clause with "divide by 0.6" to align assessed value with market value; the committee adopted that amendment and reported the bill.
House Bill 4610 (Right to Try expansion): The committee reported a bill that would permit certain patients with life‑threatening or severely debilitating illnesses (attested by a physician) to seek experimental treatments including biosimilar drugs, individualized gene therapies and neoantigen vaccines; a technical amendment from Health and Human Resources was pending earlier in the process.
House Bill 4552 (correctional officers): The committee adopted a strike‑and‑insert clarifying that correctional officers are qualified law‑enforcement officers for purposes of federal concealed‑carry exceptions, noted cross‑references to training requirements, adopted a drafting amendment and reported the bill as amended.
House Bill 4755 (sentencing): The committee expanded the list of qualifying offenses that trigger enhanced sentences for certain repeat offenders, adding aggravated vehicular homicide, DUI causing death, third‑offense DUI and obstruction causing death; the bill was reported.
House Bill 4842 (intimate images): The committee adopted a strike‑and‑insert clarifying that the civil cause of action for disclosure of intimate images applies to recently created extortion offenses and confirming joint‑and‑several liability language; the bill was reported.
House Bill 4850 (State Bar materials): The committee adopted an amendment and reported a bill directing the West Virginia State Bar to provide free, conspicuously posted online training materials for executors and administrators beginning 01/01/2028; sponsor Delegate Funkhauser and senators discussed scope (small estates vs broader probate) and the bill’s goal of public education rather than substituting for legal counsel.
Most measures were advanced on voice votes and will proceed to the full Senate for scheduling and final consideration.
