West VirginiaHB 54662026 Regular SessionHouseWALLET

Relating to Abuse Prevention Program

Sponsored By: Tristan Leavitt (Republican)

Signed by Governor

§48-26-203§48-26-301§48-26-401§48-26-402§48-26-403§48-26-406§48-26-701§61-11-22A

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 0 costs, 3 mixed.

Stronger privacy for survivors and families

Programs generally cannot share your records or personal details. They may share only with your signed consent, in an emergency defined by rule, when a court orders it, to stop an imminent danger, or when a reporting law applies. Victims cannot be forced to sign a release to get services. Parenting-time programs may warn one parent about safety threats or rule violations, but they cannot share child information without the custodial parent’s consent. All consents must follow federal privacy rules.

How Family Protection Fund money is split

Each year the board may use up to 15% of the Family Protection Fund for administration. The rest is distributed by the Department of Human Services: half split equally among licensed programs and half by a board‑set formula. The board proposes rules, reviews needs, and files an annual report to state leaders.

Who serves on the family protection board

The law keeps a seven‑member Family Protection Services Board. Five members are appointed by the Governor and confirmed by the Senate; two agency leaders serve as voting members. Appointed members serve staggered three‑year terms and must include voices from licensed programs, the courts, and a citizen. The Governor must fill any vacancy within 90 days.

Deferred adjudication rules and time limits

After a guilty plea, a court may delay taking the plea and put you on terms it sets. Deferral can last up to three years for a felony and up to two years for a misdemeanor. If you complete all terms, you may withdraw the plea and the court dismisses the case, or you may plead to a lesser offense by agreement. If you violate terms, the prosecutor can seek to accept your plea; after notice and a hearing, the court may accept the original plea and sentence you.

Who can get deferred adjudication

You cannot get deferred adjudication for many violent or sexual felonies against family members, cases with weapons, or if you have prior listed crimes, any prior felony, or prior diversion or deferred adjudication involving a family member. Some people charged with certain domestic‑related assaults or batteries can be eligible if they have no such priors; first‑offense cases in some categories need the state and defendant to agree. These deferrals must last 18 to 36 months, can require compliance hearings and a board‑licensed abuse intervention program, and you can use this option only once. Under this path, you are not eligible for dismissal when you finish.

Stronger licensing and safety for domestic violence programs

Programs may not claim they are licensed unless the board licenses them. The board answers a preliminary application within 60 days and decides a complete full application within 60 days. Full licenses last up to three years; provisional licenses can run 180 days plus one 180‑day extension; conditional licenses up to 90 days. The board can close a program or part of it for safety with a unanimous vote and must help rehouse shelter residents. Abuse intervention classes may be live online, but each program must also offer an in‑person option.

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Sponsors & Cosponsors

Sponsor

Tristan Leavitt
Republican • House

Cosponsors

James Robert "JB" Akers II
Republican • House
Bill Bell
Republican • House
Kathie Hess Crouse
Republican • House
Sarah Drennan
Republican • House
Laura Kimble
Republican • House
Erica Moore
Republican • House

Roll Call Votes

All Roll Calls

Yes: 34 • No: 0

Senate vote • 3/12/2026

Passed Senate (Roll No. 510)

Yes: 34 • No: 0

Actions Timeline

Approved by Governor 4/1/2026
4/1/2026House
To Governor 3/30/2026
3/30/2026House
House received Senate message
3/25/2026House
To Governor 3/30/2026 - Senate Journal
3/14/2026Senate
Approved by Governor 4/1/2026 - Senate Journal
3/14/2026Senate
Approved by Governor 4/1/2026 - House Journal
3/14/2026House
On 3rd reading
3/12/2026Senate
Read 3rd time
3/12/2026Senate
Passed Senate (Roll No. 510)
3/12/2026Senate
Communicated to House
3/12/2026Senate
Completed legislative action
3/12/2026Senate
On 2nd reading
3/11/2026Senate
Read 2nd time
3/11/2026Senate
Reported do pass
3/10/2026Senate
Immediate consideration
3/10/2026Senate
Read 1st time
3/10/2026Senate
Introduced in Senate
3/5/2026Senate
To Health and Human Resources
3/5/2026Senate
To Health and Human Resources
3/5/2026Senate
On 3rd reading, Special Calendar
3/4/2026House
Read 3rd time
3/4/2026House
Communicated to Senate
3/4/2026House
On 2nd reading, Special Calendar
3/3/2026House
Read 2nd time
3/3/2026House
Amendment reported by the Clerk
3/3/2026House

Bill Text

Committee Substitute
HTML PDF
Engrossed
HTML PDF
Enrolled
HTML PDF
Introduced Version
HTML PDF

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