West Virginia 2025 Regular Session Status: Enacted 11 R cosponsors

HB 3338 — Allow child witness testify remotely in situations deemed traumatic by judge

Last action — Chapter 52, Acts, Regular Session, 2025

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

This bill has been enacted into law. Introduced March 13, 2025. Enacted.

Signed by Governor Patrick Morrisey (Republican) on July 31, 2025.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 11 sponsors

    1 primary, 10 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (11 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

60 added · 44 removed

Plain-language change summary

The updated version of Bill HB 3338 includes additional clarifications and definitions related to child witnesses in legal settings. One significant change is that the new language specifies the types of violations where the child is the alleged victim, which focuses the bill more narrowly on cases of abuse or neglect. This matters because it aims to enhance the protection and support for vulnerable child witnesses during legal processes, ensuring that their testimony can be obtained in a way that minimizes trauma. Additionally, the new version includes a slight revision in the wording of terms to ensure clarity and consistency throughout the bill.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED Committee Substitute for House Bill 3338 By Delegates Green, Burkhammer, Heckert, Hornby, Chiarelli, Mallow, Browning, Books, Marin, Leavitt, and Pinson.
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for House Bill 3338 BYD ELEGATES GREEN, BURKHAMMER , ECKERT , HORNBY , HIARELL, MALLOW, BROWNING, BOOKS, MARIN, EAVITT,ANDP INSO.
[Originating in the Committee on the Judiciary;
[Passed April 11, 2025;
Reported March 18, 2025] Eng CS for HB 3338 A BILL to amend and reenact §62-6B-2 and §62-6B-3 of the Code of West Virginia, 1931, as amended, relating to amending the definition of “child witness”, also relating to allowing testimony of child witnesses by closed-circuit television in matters that allege physical, sexual, or psychological abuse to the child.
in effect 90 days from passage (July 10, 2025)] Enr CS for HB 3338 AN ACT to amend and reenact §62-6B-2 and §62-6B-3 of the Code of West Virginia, 1931, as amended, relating to amending the definition of “child witness”, also relating to allowing testimony of child witnesses by closed-circuit television in matters that allege physical, sexual, or psychological abuse to the child.
For the purposes of this article, the words or terms defined in this section, and any variation of those words or terms required by the context, have the meanings ascribed to them in this section.
For the purposes of this article, the words or termsdefined in this section, and any variation of those words or terms required by the context, have the meanings ascribed to them in this section.
(1) "Child witness" means a person under the age of sixteen years of age who is or will be called to testify in a criminal matter concerning an any alleged violation of the provisions of sections three, four, five and seven, article eight-b, chapter sixty-one of this code in which the child is the alleged victim.
(1) "Child witness" means a person under the age of sixteen years of age who is or will be called to testify in a criminal matter concerning any alleged violation of the provisions of this code.
(5) “Interviewed child” shall mean any person under the age of eighteen who has been interviewed by means of any type of recording equipment in connection with alleged criminal Eng CS for HB 3338 behavior or allegations of abuse or neglect of any child under the age of eighteen.
(5) “Interviewed child” shall mean any person under the age of eighteen who has been interviewed by means of any type of recording equipment in connection with alleged criminal behavior or allegations of abuse or neglect of any child under the age of eighteen.
(6) “Recorded interview” means any electronic recording of the interview, and any transcript thereof, of an interviewed child conducted by:
Enr CS for HB 3338 (6) “Recorded interview” means any electronic recording of the interview, and any transcript thereof, of an interviewed child conducted by:
(1) An employee or representative of a child advocacy center as that term is defined in section one hundred one, article three, chapter forty-nine §49-3-101 of this code;
(1) An employee or representative of a child advocacy center as that term is defined in §49-3-101 of this code;
(2) any psychologist, psychiatrist, physician, nurse, social worker or other person appointed by the court to interview the interviewed child as provided in subsection (c), section three of this article §62-6B-3(c) of this code;
(2) any psychologist, psychiatrist, physician, nurse, social worker or other person appointed by the court to interview the interviewed child as provided in §62-6B-3(c) of this code;
Eng CS for HB 3338 (c) The court shall consider the following factors in determining the necessity of allowing a child witness to testify by the use of live, closed-circuit television:
(c) The court shall consider the following factors in determining the necessity of allowing a child witness to testify by the use of live, closed-circuit television:
(1) The age and maturity of the child witness;
Enr CS for HB 3338 (1) The age and maturity of the child witness;
(4) Whether or not the facts of the case involve the alleged physical, sexual, or psychological abuse to the child witness, infliction of bodily injury to the child witness or the threat of bodily injury to the child witness, or another;
(4) Whether or not the facts of the case involve alleged physical, sexual, or psychological abuse to the child witness, infliction of bodily injury to the child witness or the threat of bodily injury to the child witness, or another;
Enr CS for HB 3338 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the House of Delegates ...............................................................
Clerk of the Senate Originated in the House of Delegates.
In effect 90 days from passage.
...............................................................
Speaker of the House of Delegates ...............................................................
President of the Senate __________ The within is ................................................
this the...........................................
Day of ..........................................................................................................., 2025.
.............................................................
Governor 5
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Action History

  1. Chapter 52, Acts, Regular Session, 2025

  2. Approved by Governor 4/28/2025

  3. To Governor 4/22/2025

  4. Approved by Governor 4/28/2025 - Senate Journal

  5. Approved by Governor 4/28/2025 - House Journal

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

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

  8. Completed legislative action

  9. Communicated to House

  10. Passed Senate (Roll No. 497)

  11. Read 3rd time

  12. On 3rd reading

  13. Read 2nd time

  14. On 2nd reading

  15. Reported do pass

  16. On second reading, rereferred to Judiciary

  17. Read 1st time

  18. Immediate consideration

  19. Without recommendation, but first rereferred to Judiciary

  20. To Judiciary

  21. To Judiciary

  22. Introduced in Senate

  23. Communicated to Senate

  24. Passed House (Roll No. 176)

  25. Read 3rd time

  26. On 3rd reading, Special Calendar

  27. Read 2nd time

  28. On 2nd reading, Special Calendar

  29. Read 1st time

  30. On 1st reading, Special Calendar

  31. By substitute, do pass

  32. Markup Discussion

  33. To House Judiciary

  34. Introduced in House

  35. To Judiciary

  36. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 141 not signed on

Sponsors (1)

Co-sponsors (10)

Not signed on (141)

141 members have not signed on to this bill.

Show all 141 →

"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 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 29000
Unaffiliated 3000
Democrat 2000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
STUART — Yea
BOLEY — Yea
MR PRESIDENT — Yea
Joey Garcia Democrat Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Anne B. Charnock Republican Yea
Ben Queen Republican Yea
Bill Hamilton Republican Yea
Brian Helton Republican Yea
Charles H. Clements Republican Yea
Chris Rose Republican Yea
Craig A. Hart Republican Yea
Darren Thorne Republican Yea
Eric Tarr Republican Yea
Glenn Jeffries 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
Patrick Martin Republican Yea
Robbie Morris Republican Yea
Rollan A. Roberts Republican Yea
Rupie Phillips Republican Yea
Ryan Weld Republican Yea
Scott Fuller Republican Yea
T. Kevan Bartlett Republican Yea
Tom Takubo Republican Yea
Tom Willis Republican Yea
Vince Deeds Republican Yea

Official roll call →

PASSAGE

Passed 96 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 82003
Unaffiliated 6000
Democrat 8001
Total 96004
% of votes cast 96%0%0%4%
How each member voted (100)
Member Party Vote
Devault — Yea
Kump — Yea
Flanigan — Yea
Linville — Yea
Steele — Yea
Clark, T — Yea
Anitra Hamilton Democrat Yea
Evan Hansen Democrat Yea
Hollis Lewis Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Yea
Mike Pushkin Democrat Yea
Rick Garcia Democrat Yea
Sean Hornbuckle Democrat Not Voting
Shawn Fluharty Democrat Yea
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Yea
Bryan Smith Republican Yea
Bryan Ward Republican Yea
Carl "Bill" Roop Republican Yea
Carl Martin Republican Yea
Charles Sheedy Republican Yea
Chris Phillips Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Dave Foggin Republican Yea
David Cannon Republican Yea
David Green Republican Yea
David McCormick Republican Yea
Dean Jeffries Republican Yea
Doug Smith Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Henry Dillon Republican Yea
Ian T. Masters Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Funkhouser Republican Yea
Joe Parsons Republican Yea
Joe Statler Republican Yea
John Paul Hott Republican Yea
Jonathan Kyle Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Yea
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lisa White Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marshall W. Clay Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Amos Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Not Voting
Patrick Lucas Republican Not Voting
Phil Mallow Republican Yea
Ray Canterbury Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Not Voting
Roy Cooper Republican Yea
Ryan Browning Republican Yea
S. Chris Anders Republican Yea
Sarah Drennan Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Tresa Howell Republican Yea
Tristan Leavitt Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
William Anderson 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 HB 3338?
HB 3338 is sponsored by David Green (Republican), Adam Burkhammer (Republican), Scot C. Heckert (Republican), Michael Hornby (Republican), Geno Chiarelli (Republican), Phil Mallow (Republican), Ryan Browning (Republican), Eric Brooks (Republican), Tristan Leavitt (Republican), Jonathan Pinson (Republican), and Carl Martin (Republican).
What is the current status of HB 3338?
This bill has been enacted into law. Introduced March 13, 2025. Enacted.
Where can I track HB 3338?
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