West Virginia 2025 Regular Session Status: Passed House Of Delegates 11 R cosponsors

HB 3190 — Controlled Substances and arrestable offenses

Last action — To Judiciary

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

This bill died with 2025 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

The recent amendments to HB 3190 have updated the language to clarify that public intoxication laws now specifically include intoxication from controlled substances, not just alcohol. Additionally, the bill expands the types of counseling available to individuals arrested for public intoxication, addressing both alcohol and controlled substance dependence. These changes are significant because they aim to provide a more comprehensive approach to handling public intoxication, recognizing the role of various substances and focusing on appropriate support for those in need.

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HB3190 HFA Hornby 3-17 #1Morgan 3345 Delegate Hornby moved to amend the committee substitute on page 1, section 9, by striking out the section heading and substituting therefor a new section heading, to read as follows: §60-6-9.
HB3190 HFAT Akers 3-20Morgan 3345 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:H.
Intoxication or by drinking or by use of a controlled substance in public places;
B.
illegal possession of alcoholic liquor;
3190 -- “A BILL to amend and reenact §60-6-9 of the Code of West Virginia, 1931, as amended, relating to expanding and clarifying that the offense of public intoxication shall also include persons intoxicated by controlled substances, also relating to expanding the counseling available upon arrest to include counseling on controlled substance dependence, also clarifying that three convictions for public intoxication within the previous six months is considered evidence of dependence on controlled substances.”;    AdoptedRejected 
arrests by sheriffs or their deputies for violation in their presence;
penalties. And,Delegate Hornby moved to amend the committee substitute on page 1, section 9, line 2 after the word “condition” by striking the remaining language contained in subdivision (1) and inserting, in lieu thereof, the following language:
  “.
For purposes of this section, the term “intoxicated” has the same meaning as contained in §60-1-5 of this code, and includes intoxication from the use of a controlled substance as provided in §60A-2-201 et seq.
and §60A-4-401 et seq.
of this code.” And,Delegate Hornby moved to amend the committee substitute on page 3, section 9, line 58, by striking the words “an alcohol education program” and inserting, in lieu thereof, the following language:  “counseling on alcohol and controlled substance dependenceAnd, Delegate Hornby moved to amend the committee substitute on page 3, section 9, line 63, by striking the words “alcoholism counseling” and inserting, in lieu thereof, the following language:  “counseling on alcohol and controlled substance dependence” And, Delegate Hornby moved to amend the committee substitute on page 3, section 9, line 67, by striking the words “alcoholism counseling” and inserting, in lieu thereof, the following language:  “counseling on alcohol and controlled substance dependence”  And,Delegate Hornby moved to amend the committee substitute on page 3, section 9, line 69, after the word “alcoholism” by inserting the following language:  “or dependence on controlled substances”  AdoptedRejected 
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Action History

  1. To Judiciary

  2. To Judiciary

  3. Introduced in Senate

  4. Communicated to Senate

  5. Title amendment adopted (Voice vote)

  6. Passed House (Roll No. 127)

  7. Read 3rd time

  8. On 3rd reading, Special Calendar

  9. Amendment adopted (Voice vote)

  10. Amendment reported by the Clerk

  11. Read 2nd time

  12. On 2nd reading, Special Calendar

  13. Read 1st time

  14. On 1st reading, Special Calendar

  15. By substitute, do pass

  16. Markup Discussion

  17. To House Judiciary

  18. Markup Discussion

  19. To House Courts

  20. To House Judiciary

  21. Introduced in House

  22. To Judiciary

  23. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 141 not signed on · 3 voted No

Sponsors (1)

Co-sponsors (10)

Not signed on (141)

141 members have not signed on to this bill.

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"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 91 Yea · 4 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 81004
Unaffiliated 4101
Democrat 6300
Total 91405
% of votes cast 91%4%0%5%
How each member voted (100)
Member Party Vote
Kump — Yea
Linville — Yea
Devault — Yea
Flanigan — Nay
Steele — Not Voting
Clark, T — Yea
Anitra Hamilton Democrat Yea
Evan Hansen Democrat Nay
Hollis Lewis Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Nay
Mike Pushkin Democrat Nay
Rick Garcia Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Adam Burkhammer Republican Yea
Adam Vance Republican Not Voting
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 Not Voting
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 Not Voting
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 Yea
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Ray Canterbury Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
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 Not Voting
William Anderson Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors HB 3190?
HB 3190 is sponsored by David Green (Republican), Eric Brooks (Republican), Phil Mallow (Republican), Scot C. Heckert (Republican), Ryan Browning (Republican), Bryan Ward (Republican), Carl Martin (Republican), Jonathan Pinson (Republican), Keith Marple (Republican), Joe Funkhouser (Republican), and Betsy Kelly (Republican).
What is the current status of HB 3190?
This bill died with 2025 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 3190?
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