West Virginia 2023 Regular Session Status: Enacted Bipartisan · 15 R · 1 D cosponsors

SB 132 — Clarifying criminal offense of harassment

Last action — Chapter 99, Acts, Regular Session, 2023

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 11, 2023. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 26 sponsors

    1 primary, 25 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (15 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

11 added · 10 removed

Plain-language change summary

The bill SB 132 has been updated to clarify the definitions of harassment and stalking in West Virginia's laws. The key change is that instead of stating stalking is a form of harassment, it now specifies that stalking and harassment are recognized as separate crimes. This distinction is important because it helps ensure that each offense is treated appropriately and allows for clearer legal consequences for each behavior.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Introduced Senate Bill 132 By Senators Boley, Hamilton, Clements, Grady, Jeffries, Karnes, Nelson, Roberts, Stover, Trump, Weld, Woelfel, Phillips, Plymale, Martin, Rucker, Takubo, Smith, Woodrum, Deeds, Oliverio, Azinger, Stuart, Barrett, Queen, and Maroney [Introduced January 11, 2023] Intr SB 132 A BILL to amend and reenact §61-2-9a of the Code of West Virginia, 1931, as amended, relating to clarifying the criminal offense of harassment;
WEST VIRGINIA LEGISLATURE REGULAR SESSION Enrolled Senate Bill 132 By Senators Boley, Hamilton, Clements, Grady, Jeffries, Karnes, Nelson, Roberts, Stover, Trump, Weld, Woelfel, Phillips, Plymale, Martin, Rucker, Takubo, Smith, Woodrum, Deeds, Oliverio, Azinger, Stuart, Barrett, Queen, and Maroney [Passed February 01, 2023;
and clarifying that stalking is a form of harassment.
in effect 90 days from passage] Enr SB 132 AN ACT to amend and reenact §61-2-9a of the Code of West Virginia, 1931, as amended, relating to clarifying the criminal offense of harassment;
and clarifying that stalking and harassment are separate crimes.
Harassment Stalking, harassment;
Stalking, harassment;
(e) Notwithstanding any provision of this code to the contrary, any person against whom a protective order is in effect for injunctive relief pursuant to the provisions of §48-5-608 or §48-27- 1 Intr SB 132 501 of this code, who has been served with a copy of said order, who commits a violation of the provisions of this section, in which the subject in the protective order is the victim, shall be guilty of a felony and, upon conviction thereof, be imprisoned in a state correctional facility for not less than one year nor more than five years, or fined not less than $3,000 nor more than $10,000, or both fined and imprisoned.
(e) Notwithstanding any provision of this code to the contrary, any person against whom a protective order is in effect for injunctive relief pursuant to the provisions of §48-5-608 or §48-27- 1 Enr SB 132 501 of this code, who has been served with a copy of said order, who commits a violation of the provisions of this section, in which the subject in the protective order is the victim, shall be guilty of a felony and, upon conviction thereof, be imprisoned in a state correctional facility for not less than one year nor more than five years, or fined not less than $3,000 nor more than $10,000, or both fined and imprisoned.
(B) Engages in other nonconsensual contact and/or communications, including contact 2 Intr SB 132 through electronic communication, with a specific person or persons;
(B) Engages in other nonconsensual contact and/or communications, including contact 2 Enr SB 132 through electronic communication, with a specific person or persons;
3 Intr SB 132 (m) The Governor’s Committee on Crime, Delinquency, and Correction, after consultation with representatives of labor, licensed domestic violence programs, and rape crisis centers which meet the standards of the West Virginia Foundation for Rape Information and Services, is authorized to promulgate legislative rules and emergency rules pursuant to §29A-3-1 et seq.
3 Enr SB 132 (m) The Governor’s Committee on Crime, Delinquency, and Correction, after consultation with representatives of labor, licensed domestic violence programs, and rape crisis centers which meet the standards of the West Virginia Foundation for Rape Information and Services, is authorized to promulgate legislative rules and emergency rules pursuant to §29A-3-1 et seq.
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Action History

  1. Chapter 99, Acts, Regular Session, 2023

  2. Approved by Governor 2/6/2023 - House Journal

  3. Approved by Governor 2/6/2023 - Senate Journal

  4. Approved by Governor 2/6/2023

  5. To Governor 2/3/2023 - House Journal

  6. To Governor 2/3/2023 - Senate Journal

  7. To Governor 2/3/2023

  8. House received Senate message

  9. Completed legislative action

  10. Communicated to House

  11. Senate concurred in House amendments and passed bill (Roll No. 111)

  12. House Message received

  13. Communicated to Senate

  14. Title amendment adopted (Voice vote)

  15. Passed House (Roll No. 49)

  16. Read 3rd time

  17. On 3rd reading, Special Calendar

  18. Read 2nd time

  19. On 2nd reading, Special Calendar

  20. Read 1st time

  21. On 1st reading, Special Calendar

  22. Do pass

  23. To House Judiciary

  24. To Judiciary

  25. Introduced in House

  26. Ordered to House

  27. Passed Senate (Roll No. 14)

  28. Read 3rd time

  29. Read 2nd time

  30. Constitutional Rule Suspended (Roll No. 13)

  31. Read 1st time

  32. Committee reference dispensed

  33. Immediate consideration

  34. Introduced in Senate

  35. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 25 co-sponsors · 126 not signed on

Sponsors (1)

  • Boley

Co-sponsors (25)

Not signed on (126)

126 members have not signed on to this bill.

Show all 126 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 15001
Unaffiliated 17000
Democrat 1000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
MARONEY — Yea
STOVER — Yea
MARTIN — Yea
STUART — Yea
BOLEY — Yea
SWOPE — Yea
CAPUTO — Yea
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
HAMILTON — Yea
HUNT — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Ben Queen Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Not Voting
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Vince Deeds Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 132?
SB 132 is sponsored by Boley, Charles H. Clements (Republican), Amy Grady (Republican), Jeffries, Karnes, Nelson, Rollan A. Roberts (Republican), Stover, Trump, Ryan Weld (Republican), Mike Woelfel (Democrat), Phillips, Plymale, Patricia Rucker (Republican), Bill Hamilton (Republican), Tom Takubo (Republican), Jack Woodrum (Republican), Vince Deeds (Republican), Mike Oliverio (Republican), Mike Azinger (Republican), Stuart, Jason Barrett (Republican), Ben Queen (Republican), Maroney, Randy E. Smith (Republican), and Patrick Martin (Republican).
What is the current status of SB 132?
This bill has been enacted into law. Introduced January 11, 2023. Enacted.
Where can I track SB 132?
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