West Virginia 2024 Regular Session Status: Passed Senate 2 R cosponsors

SB 769 — Prohibiting certain medical exams on anesthetized patients

Last action — To House Health and Human Resources

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

This bill has passed the Senate. Introduced February 13, 2024. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the House of Delegates.

Odds of enactment

Moderate chance

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

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

Prognosis

Advancing 50% · moderate confidence

  • Passed Senate

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 1 recorded vote 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

1 added · 4 removed

Plain-language change summary

The amendment to SB 769 changes its focus from regulating medical practices on unconscious patients to specifically prohibiting certain examinations of alleged victims in sexual offense cases. The new section outlines that courts cannot force victims to undergo pelvic, rectal, or breast examinations against their will, and a victim's refusal to submit to such examinations cannot be used to dismiss other relevant evidence in their case. This change is significant because it aims to protect the rights and dignity of victims, ensuring that they have control over their bodies during the legal process.

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Latest
SB769 S JUD AM #1  2-22Smith  7883 The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following: Be it enacted by the Legislature of West Virginia:
SB769 S JUD AMT #1 2-22Smith  7883 The Committee on Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:Eng.
ARTICLE 8B.
Com.
SEXUAL OFFENSES.
Sub.
§61-8B-20.
for Senate Bill 769— A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8B-20, relating to prohibiting court ordered pelvic, rectal and breast examinations of victims in sexual offense cases;
Prohibited examinations.
declaring that an alleged victim’s refusal may not be used as a basis to exclude otherwise relevant evidence;
(1) No court may order or otherwise require an alleged victim in a prosecution for a sexual offense to submit to or undergo a gynecological or physical examination of the breasts, buttocks, anus, or any part of the sex organs against his or her will.(2) The refusal of an alleged victim to undergo an examination described in subdivision (1) of this section may not serve as the basis to exclude evidence obtained from other relevant examinations of the victim.(3) For purposes of this section, the term “sexual offense” means any offense in which sexual intercourse, sexual contact, or sexual intrusion is an essential element, and includes any prosecution under §61-8B-1 et seq., §61-8-12, or §61-8D-5 of this code.    AdoptedRejected
and setting out proceedings to which the provisions of the section apply.      AdoptedRejected
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Action History

  1. To House Health and Human Resources

  2. Introduced in House

  3. Ordered to House

  4. Effective from passage (Roll No. 288)

  5. Passed Senate with amended title (Roll No. 288)

  6. Read 3rd time

  7. On 3rd reading

  8. Committee amendment adopted (Voice vote)

  9. Read 2nd time

  10. On 2nd reading

  11. Reported do pass, with amendment and title amendment

  12. Referred to Judiciary on 2nd reading

  13. Read 1st time

  14. Immediate consideration

  15. Committee substitute reported, but first to Judiciary

  16. To Health and Human Resources

  17. Introduced in Senate

  18. To Health and Human Resources then Judiciary

  19. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 150 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (150)

150 members have not signed on to this bill.

Show all 150 →

"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 16000
Unaffiliated 16001
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 — Not Voting
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 Yea
Vince Deeds Republican Yea

Official roll call →

Subjects

public-safety healthcare
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 769?
SB 769 is sponsored by Patricia Rucker (Republican) and Laura Wakim Chapman (Republican).
What is the current status of SB 769?
This bill has passed the Senate. Introduced February 13, 2024. It now moves to the second chamber.
Where can I track SB 769?
Track SB 769 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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