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West VirginiaHB 21232025 Regular SessionHouseWALLET

Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse

Sponsored By: Doug Smith (Republican)

Signed by Governor

§61-8D-3§61-8D-4

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Misdemeanor convictions bring services and family protections

Beginning July 9, 2025, courts can order services after misdemeanor child-abuse or child-neglect convictions. The West Virginia Department of Human Services assesses which services are appropriate. These can include parenting classes, substance abuse counseling, anger management counseling, or other services. Assessments can be submitted to the court upon written request. A misdemeanor conviction alone does not require registration under the cited registration law or automatically restrict custody, visitation, or parental rights.

Parents face tiered abuse and neglect penalties

Beginning July 9, 2025, West Virginia sets tiered penalties for child abuse and neglect. They cover parents, guardians, custodians, and people in positions of trust. Causing bodily injury carries 2–10 years in prison, or up to one year in jail at the court’s discretion. Causing serious bodily injury carries 5–15 years. Creating a substantial risk of death or serious bodily injury carries 1–10 years. Creating a substantial risk of bodily injury carries a $100–$1,000 fine, up to six months in jail, or both. That lower-tier offense becomes a felony carrying 1–5 years with a qualifying prior abuse or neglect conviction. Prior convictions can include offenses with the same essential elements under another state’s or federal law. Repeat felonies with qualifying prior felony convictions can bring up to double the usual prison term; neglect fines can also double. The law preserves reasonable parental discipline as a defense and excludes neglect caused mainly by lack of money.

Sponsors & Cosponsors

Sponsor

  • Doug Smith

    Republican • House

Cosponsors

  • James Robert "JB" Akers II

    Republican • House

  • Roy Cooper

    Republican • House

  • Joe Ellington

    Republican • House

  • Marty Gearheart

    Republican • House

  • Roger Hanshaw

    Republican • House

  • Rick Hillenbrand

    Republican • House

  • Jordan Maynor

    Republican • House

  • Matthew Rohrbach

    Republican • House

  • Evan Worrell

    Republican • House

  • Mark Zatezalo

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 263 • No: 0

Senate vote • 4/10/2025

Senate concurred in House amendments and passed bill (Roll No. 454)

Yes: 33 • No: 0

House vote • 4/9/2025

House concurred in Senate amend with title amend, passed (Roll No. 426)

Yes: 97 • No: 0

Senate vote • 4/7/2025

Passed Senate (Roll No. 328)

Yes: 34 • No: 0

House vote • 2/27/2025

Passed House (Roll No. 13)

Yes: 99 • No: 0

Actions Timeline

  1. Chapter 77, Acts, Regular Session, 2025

    7/30/2025House

  2. Approved by Governor 4/25/2025

    4/25/2025House

  3. To Governor 4/22/2025

    4/22/2025House

  4. To Governor 4/22/2025 - House Journal

    4/12/2025House

  5. To Governor 4/22/2025 - Senate Journal

    4/12/2025Senate

  6. Approved by Governor 4/25/2025 - House Journal

    4/12/2025House

  7. Approved by Governor 4/25/2025 - Senate Journal

    4/12/2025Senate

  8. House Message received

    4/10/2025Senate

  9. Senate concurred in House amendments and passed bill (Roll No. 454)

    4/10/2025Senate

  10. Communicated to House

    4/10/2025Senate

  11. Completed legislative action

    4/10/2025Senate

  12. House received Senate message

    4/9/2025House

  13. House concurred in Senate amend with title amend, passed (Roll No. 426)

    4/9/2025House

  14. Communicated to Senate

    4/9/2025House

  15. On 3rd reading

    4/7/2025Senate

  16. Read 3rd time

    4/7/2025Senate

  17. Passed Senate (Roll No. 328)

    4/7/2025Senate

  18. Senate requests House to concur

    4/7/2025Senate

  19. On 2nd reading

    4/4/2025Senate

  20. Read 2nd time

    4/4/2025Senate

  21. Committee amendment adopted (Voice vote)

    4/4/2025Senate

  22. Reported do pass, with amendment

    4/3/2025Senate

  23. Immediate consideration

    4/3/2025Senate

  24. Read 1st time

    4/3/2025Senate

  25. Introduced in Senate

    2/28/2025Senate

Bill Text

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