West Virginia 2023 Regular Session Status: Enacted 8 R cosponsors

SB 490 — Patrol Officer Cassie Marie Johnson Memorial Act

Last action — Chapter 102, Acts, Regular Session, 2023

  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 27, 2023. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 18 sponsors

    1 primary, 17 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (8 R).

  • 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

1 added · 5 removed

Plain-language change summary

The amendment to SB 490 changed the title of the bill to officially name it the "Patrol Officer Cassie Marie Johnson Memorial Act." This new title emphasizes the seriousness of the offense of obstructing various law enforcement personnel that could lead to someone's death. The bill establishes a strict penalty of life imprisonment, with parole eligibility after 15 years, for those found guilty of such obstruction. This change highlights the importance of protecting first responders and ensures that severe consequences are in place for actions that endanger their lives.

→
Previous
Latest
SB490 HFA Capito and Kirby 3-1 #1WRV 3133 Delegates Capito and Kirby moved to amend the bill by striking everything after the enacting clause and inserting in lieu thereof the following:
SB490 HFAT Capito 3-3WRV 3133 Delegate Capito moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:“A Bill to amend the Code of West Virginia 1931, as amended, by adding thereto a new section, designated §61-5-17a, relating to creating the offense of obstructing a law-enforcement officer, probation officer, parole officer, courthouse security officer, correctional officer, the State Fire Marshal, a deputy or assistant fire marshal, firefighter, or emergency medical service personnel causing death;
“CHAPTER 61.
requiring proof of knowingly, willfully and forcibly obstructing or hindering a law enforcement officer, probation officer, parole officer, courthouse security officer, correctional officer, the State Fire Marshal, a deputy or  assistant fire marshal, firefighter, or emergency medical service personnel engaged in their official capacity and thereby proximately causing the death of the person acting in his or her official capacity;
CRIMES AND THEIR PUNISHMENT.
establishing the criminal penalty therefor as life imprisonment with parole eligibility after service of 15 years;
ARTICLE 5.
and providing a definition.PREAMBLE:
CRIMES AGAINST public justice.
THIS LAW IS DESIGNATED AND MAY BE REFERRED TO AS THE PATROL OFFICER CASSIE MARIE JOHNSON MEMORIAL ACT.”    AdoptedRejected
§61-5-17a.
Obstructing a law-enforcement officer, probation officer, parole officer, courthouse security officer, correctional officer, the State Fire Marshal, a deputy or assistant fire marshal, firefighter, or emergency medical service personnel causing death;
penalty.
(a) Notwithstanding any provision of this code to the contrary, any person who knowingly, willfully, and forcibly obstructs or hinders a law-enforcement officer, probation officer, parole officer, courthouse security officer, correctional officer, the State Fire Marshal, a deputy or assistant fire marshal, firefighter, or emergency medical service personnel lawfully acting in his or her official capacity and thereby proximately causes the death of a law-enforcement officer, probation officer, parole officer, courthouse security officer, correctional officer, the State Fire Marshal, a deputy or assistant fire marshal, firefighter, or emergency medical service personnel so acting, is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correctional facility for a term of 15 years to life.(b) For purposes of this section, “forcibly” means actions which involve the use of physical force.”   AdoptedRejected
⬇ Download PDF
View plain text versions (5)

Action History

  1. Chapter 102, Acts, Regular Session, 2023

  2. Approved by Governor 3/13/2023

  3. Approved by Governor 3/13/2023 - House Journal

  4. Approved by Governor 3/13/2023 - Senate Journal

  5. To Governor 3/8/2023

  6. To Governor 3/8/2023 - House Journal

  7. House received Senate message

  8. Completed legislative action

  9. Communicated to House

  10. Senate concurred in House amendments and passed bill (Roll No. 393)

  11. House Message received

  12. Communicated to Senate

  13. Title amendment adopted (Voice vote)

  14. Passed House (Roll No. 443)

  15. Read 3rd time

  16. Amendment adopted (Voice vote)

  17. Amendment reported by the Clerk

  18. Committee amendment withdrawn (Voice)

  19. On 3rd reading with right to amend, Special Calendar

  20. Amendment pending

  21. Read 2nd time

  22. On 2nd reading, Special Calendar

  23. Read 1st time

  24. On 1st reading, Special Calendar

  25. With amendment, do pass

  26. To House Judiciary

  27. To Judiciary

  28. Introduced in House

  29. Ordered to House

  30. Passed Senate (Roll No. 161)

  31. Read 3rd time

  32. On 3rd reading

  33. Read 2nd time

  34. On 2nd reading

  35. Read 1st time

  36. On 1st reading

  37. Committee substitute reported

  38. To Judiciary

  39. Introduced in Senate

  40. To Judiciary

  41. Filed for introduction

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 17 co-sponsors · 134 not signed on

Sponsors (1)

Co-sponsors (17)

Not signed on (134)

134 members have not signed on to this bill.

Show all 134 →

"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 31 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 15001
Unaffiliated 15002
Democrat 1000
Total 31003
% of votes cast 91%0%0%9%
How each member voted (34)
Member Party Vote
MARONEY — Not Voting
STOVER — Not Voting
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 Yea
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Not Voting
Vince Deeds Republican Yea

Official roll call →

Subjects

public-safety
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 490?
SB 490 is sponsored by Vince Deeds (Republican), Hunt, Jeffries, Karnes, Maroney, Phillips, Stuart, Trump, Ryan Weld (Republican), Jack Woodrum (Republican), Plymale, Swope, Rollan A. Roberts (Republican), Amy Grady (Republican), Nelson, Jay Taylor (Republican), Bill Hamilton (Republican), and Patrick Martin (Republican).
What is the current status of SB 490?
This bill has been enacted into law. Introduced January 27, 2023. Enacted.
Where can I track SB 490?
Track SB 490 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 490

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 490

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →