West Virginia 2024 Regular Session Status: Passed House Of Delegates 11 R cosponsors

HJR 28 — Protection from medically-assisted suicide or euthanasia in West Virginia Amendment

Last action — House Message received

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

This bill has passed the House of Delegates. Introduced January 31, 2024. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate 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

Advancing 58% · moderate confidence

  • Passed House of Delegates

    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

1 added · 1 removed

Plain-language change summary

The amended version of House Joint Resolution 28 now specifies that no person or healthcare provider in West Virginia shall take part in medically-assisted suicide, euthanasia, or mercy killing. Additionally, it clarifies that providing pain relief or withdrawing life-sustaining treatment, as requested by patients, is still allowed. These changes are significant as they refine the language to better reflect the intention behind the proposed amendment and emphasize the protection of patients' rights in end-of-life care, which will be presented to voters for approval in the next general election.

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NEWS RELEASES HELPFUL LINKS Committee Substitute « House Joint Resolution 28 History OTHER VERSIONS  —  Enrolled Version - Final Version  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « House Joint Resolution 28 History OTHER VERSIONS  —  Committee Substitute  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature2024 regular sessionCommittee SubstituteforHouse Joint Resolution 28By Delegates Hanshaw (Mr.
Red = new code to be enacted WEST virginia legislature2024 regular sessionENROLLEDCommittee SubstituteforHouse Joint Resolution 28By Delegates Hanshaw (Mr.
Pritt, Ellington, and Jeffries[Originating in the Committee on Rules;Reported on February 12, 2024] Proposing an amendment to the Constitution of the State of West Virginia amending Article III thereof by adding thereto a new section, designated section twenty-three,  relating to the protection from medically-assisted suicide or euthanasia in West Virginia;
Pritt, Ellington, and Jeffries[Adopted by the Legislature on March 9, 2024.] Proposing an amendment to the Constitution of the State of West Virginia amending Article III thereof by adding thereto a new section, designated section twenty-three,  relating to the protection from medically-assisted suicide or euthanasia in West Virginia;
Protection from medically-assisted suicide.No physician or health care provider in the State of West Virginia shall participate in the practice of medically-assisted suicide, euthanasia, or mercy killing of a person.
Protection against medically assisted suicide.No person, physician, or health care provider in the State of West Virginia shall participate in the practice of medically assisted suicide, euthanasia, or mercy killing of a person.
nor does anything in this section prohibit the withholding or withdrawing of life-sustaining treatment, as requested by the patient or the patient's decision-maker, in accordance with State law, so long as the intention is not to kill the patient.Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered "Amendment 1" and designated as the "Protection of persons from medically-assisted suicide" and the purpose of the proposed amendment is summarized as follows:
nor does anything in this section prohibit the withholding or withdrawing of life-sustaining treatment, as requested by the patient or the patient's decision-maker, in accordance with State law.
"The purpose of this amendment is to recognize that West Virginians shall not have medically-assisted suicide or euthanasia forced upon them by prohibiting such actions." NOTE:
Further, nothing in this section prevents the State from providing capital punishment.Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered "Amendment 1" and designated as the "Protection of persons against medically assisted suicide" and the purpose of the proposed amendment is summarized as follows:
The purpose of this resolution is to add a new section to Article III of the West Virginia Constitution, to secure a protection from medically-assisted suicide or euthanasia.Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
"The purpose of this amendment is to protect West Virginians against medically assisted suicide." The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing joint resolution is correctly enrolled.  ...............................................................
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Clerk of the House of Delegates   ...............................................................
Clerk of the Senate                  Originated in the House of Delegates. Adopted by the Legislature on March 9, 2024.     ...............................................................
Speaker of the House of Delegates   ...............................................................
President of the Senate Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.
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Action History

  1. House Message received

  2. Completed legislative action

  3. Communicated to Senate

  4. House concurred in Senate amendment and adopted (Roll No. 750)

  5. House received Senate message

  6. Senate requests House to concur

  7. Adopted by Senate (Roll No. 511)

  8. Floor amendment adopted (Voice vote)

  9. Finance committee amendment withdrawn by unanimous consent

  10. Jud. committee amendment withdrawn by unanimous consent

  11. Read 3rd time

  12. Laid over on 3rd reading 3/8/2024 with right to amend

  13. On 3rd reading with right to amend

  14. Read 2nd time

  15. On 2nd reading

  16. Read 1st time

  17. On 1st reading

  18. Reported be adopted, with amendment

  19. To Finance

  20. Reported be adopted, with amendment, but first to Finance

  21. To Judiciary

  22. To Judiciary then Finance

  23. Introduced in Senate

  24. Communicated to Senate

  25. Adopted by House (Roll No. 183)

  26. Read 3rd time

  27. On 3rd reading, Special Calendar

  28. Read 2nd time

  29. On 2nd reading, Special Calendar

  30. Read 1st time

  31. On 1st reading, Special Calendar

  32. By substitute, be adopted

  33. To House Rules

  34. Be adopted, but first to Rules

  35. To House Judiciary

  36. Introduced in House

  37. To Judiciary then Rules

  38. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 141 not signed on · 8 voted No

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

ADOPTION JOINT RESOLUTION

Passed 88 Yea · 10 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 64002
Unaffiliated 24200
Democrat 0800
Total 881002
% of votes cast 88%10%0%2%
How each member voted (100)
Member Party Vote
Kirby — Yea
Ross — Yea
Kump — Yea
Forsht — Yea
Linville — Yea
Foster — Yea
Longanacre — Yea
Smith — Yea
Steele — Yea
Griffith — Yea
Martin — Yea
Hardy — Yea
Summers — Yea
Tully — Yea
Nestor — Yea
Warner — Yea
Devault — Yea
Phillips — Yea
Westfall — Yea
Householder — Yea
Winzenreid — Yea
Jeffries — Yea
Espinosa — Yea
Fast — Yea
Rowe — Nay
Hamilton — Nay
Evan Hansen Democrat Nay
Hollis Lewis Democrat Nay
Joey Garcia Democrat Nay
John Williams Democrat Nay
Kayla Young Democrat Nay
Mike Pushkin Democrat Nay
Sean Hornbuckle Democrat Nay
Shawn Fluharty Democrat Nay
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 Ward Republican Yea
Charles Sheedy Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Darren Thorne Republican Yea
Dave Foggin Republican Yea
David Green 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
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Not Voting
Jeff Campbell Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
John Paul Hott 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
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach 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
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Vacant1 Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

ADOPTION JOINT RESOLUTION

Passed 88 Yea · 9 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 64002
Unaffiliated 24200
Democrat 0701
Total 88903
% of votes cast 88%9%0%3%
How each member voted (100)
Member Party Vote
Fast — Yea
Kirby — Yea
Ross — Yea
Kump — Yea
Forsht — Yea
Linville — Yea
Foster — Yea
Longanacre — Yea
Smith — Yea
Steele — Yea
Griffith — Yea
Martin — Yea
Hardy — Yea
Summers — Yea
Tully — Yea
Nestor — Yea
Warner — Yea
Phillips — Yea
Westfall — Yea
Householder — Yea
Devault — Yea
Winzenreid — Yea
Jeffries — Yea
Espinosa — Yea
Rowe — Nay
Hamilton — Nay
Evan Hansen Democrat Nay
Hollis Lewis Democrat Nay
Joey Garcia Democrat Nay
John Williams Democrat Not Voting
Kayla Young Democrat Nay
Mike Pushkin Democrat Nay
Sean Hornbuckle Democrat Nay
Shawn Fluharty Democrat Nay
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 Ward Republican Yea
Charles Sheedy Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Darren Thorne Republican Yea
Dave Foggin Republican Not Voting
David Green 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
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Not Voting
Joe Statler Republican Yea
John Paul Hott 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
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach 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
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Vacant1 Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Subjects

civil-rights 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 HJR 28?
HJR 28 is sponsored by Chris Phillips (Republican), Joe Ellington (Republican), Matthew Rohrbach (Republican), George Street (Republican), Geno Chiarelli (Republican), Trenton Barnhart (Republican), Laura Kimble (Republican), Pat McGeehan (Republican), Roger Hanshaw (Republican), Vacant1 (Republican), and Dean Jeffries (Republican).
What is the current status of HJR 28?
This bill has passed the House of Delegates. Introduced January 31, 2024. It now moves to the second chamber.
Where can I track HJR 28?
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