West Virginia 2021 Regular Session Status: Enacted Bipartisan · 6 R · 1 D cosponsors

SB 361 — Extending supervision for conviction of soliciting minor and using obscene matter with intent to seduce minor

Last action — Chapter 50, Acts, Regular Session, 2021

  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 February 19, 2021. Enacted.

Odds of enactment

High chance

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

Likely to advance 66% · high confidence

  • Enacted

    Current position in the legislative process.

  • 13 sponsors

    1 primary, 12 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (6 R · 1 D) — cross-party backing.

  • Failed a recorded vote

    Failed 1 recorded vote so far — a real headwind.

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

51 added · 60 removed

Plain-language change summary

The recent amendment to Bill SB 361 clarifies the rules regarding individuals who are under supervised release, specifically those convicted of certain offenses. It now specifies that the prohibition on loitering applies directly to defendants convicted after the amendment's effective date, ensuring that they cannot remain near specific locations without permission from their supervising officer. This change is important as it reinforces the accountability of individuals under supervision while allowing for necessary presence in specified circumstances, such as counseling or supervision appointments.

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NEWS RELEASES HELPFUL LINKS SB361 SUB1 « Senate Bill 361 History OTHER VERSIONS  —  Enrolled Version - Final Version  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 361 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 361 By Senators Grady, Woelfel, Ihlenfeld, Plymale, Phillips, Smith, Trump, Roberts, Karnes, Rucker, Lindsay, Azinger, and Woodrum [Originating in the Committee on the Judiciary;
Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 361 By Senators Grady, Woelfel, Ihlenfeld, Plymale, Phillips, Smith, Trump, Roberts, Karnes, Rucker, Lindsay, Azinger, and Woodrum [Passed April 6, 2021;
reported on March 19, 2021]     A BILL to amend and reenact §62-12-26 of the Code of West Virginia, 1931, as amended, relating to extended supervised release for certain offenders generally;
in effect 90 days from passage]     AN ACT to amend and reenact §62-12-26 of the Code of West Virginia, 1931, as amended, relating to extended supervised release for certain offenders generally;
Provided, That the imposition of this prohibition shall apply applies to a defendant convicted after the effective date of this section as amended and reenacted during the regular session of the Legislature, 2015:
Provided, That the imposition of this prohibition applies to a defendant convicted after the effective date of this section as amended and reenacted during the regular session of the Legislature, 2015:
Provided, however, That as used herein in this subdivision “loitering” means to enter or remain on property while having no legitimate purpose or, if a legitimate purpose exists, remaining on that property beyond the time necessary to fulfill that purpose:
Provided, however, That as used in this subdivision “loitering” means to enter or remain on property while having no legitimate purpose or, if a legitimate purpose exists, remaining on that property beyond the time necessary to fulfill that purpose:
Until such time as a multi-judicial circuit probation officer is available, the offender shall be supervised by the probation office of the sentencing court or of the circuit in which he or she resides.
Until a multi-judicial circuit probation officer is available, the offender shall be supervised by the probation office of the sentencing court or of the circuit in which he or she resides.
(f) A defendant sentenced to a period of supervised release shall be is subject to any or all of the conditions applicable to a person placed upon probation pursuant to the provisions of §62-12-9 of this code:
(f) A defendant sentenced to a period of supervised release is subject to any or all of the conditions applicable to a person placed upon probation pursuant to the provisions of §62-12-9 of this code:
Provided, That any defendant sentenced to a period of supervised release pursuant to this section shall be required to participate in appropriate offender treatment programs or counseling during the period of supervised release unless the court deems determines the offender treatment programs or counseling to no longer be appropriate or necessary and makes express findings in support thereof.
Provided, That any defendant sentenced to a period of supervised release pursuant to this section shall participate in appropriate offender treatment programs or counseling during the period of supervised release unless the court determines the offender treatment programs or counseling to no longer be appropriate or necessary and makes express findings in support thereof.
Within 90 days of the effective date of this section as amended and reenacted during the first extraordinary session of the Legislature, 2006, the Secretary of the Department of Health and Human Resources shall propose rules and emergency rules for legislative approval in accordance with the provisions of §29A-3-1 et seq.
of this code establishing qualifications for sex offender treatment programs and counselors based on accepted treatment protocols among licensed mental health professionals.
Said The fee shall not exceed $50 per month.
The fee shall not exceed $50 per month.
Said The fee may be modified periodically based upon the defendant’s ability to pay.
The fee may be modified periodically based upon the defendant’s ability to pay.
or (4) Order the defendant to remain at his or her place of residence during nonworking hours and, if the court so directs, to have compliance monitored by telephone or electronic signaling devices, except that an order under this paragraph subdivision may be imposed only as an alternative to incarceration.
or (4) Order the defendant to remain at his or her place of residence during nonworking hours and, if the court directs, to have compliance monitored by telephone or electronic signaling devices, except that an order under this subdivision may be imposed only as an alternative to incarceration.
The length of such the term of supervised release shall not exceed the term of supervised release authorized by this section less any term of imprisonment that was imposed upon revocation of supervised release.
The length of the term of supervised release shall not exceed the term of supervised release authorized by this section less any term of imprisonment that was imposed upon revocation of supervised release.
— The power of the court to revoke a term of supervised release for violation of a condition of supervised release and to order the defendant to serve a term of imprisonment and, subject to the limitations in §62-12-26(j) of this code, a further term of supervised release extends beyond the expiration of the term of supervised release for any period necessary for the adjudication of matters arising before its expiration if, before its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation.
— The power of the court to revoke a term of supervised release for violation of a condition of supervised release and to order the defendant to serve a term of imprisonment and, subject to the limitations in §62-12-26(j) of this code, a further term of supervised release extends beyond the expiration of the term of supervised release for any period necessary for the adjudication of matters arising before its expiration if, before its expiration, a warrant or summons has been issued on the basis of an allegation of a violation.
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Action History

  1. Chapter 50, Acts, Regular Session, 2021

  2. Approved by Governor 4/21/21

  3. To Governor 4/14/21

  4. Approved by Governor 4/21/21 - House Journal

  5. Approved by Governor 4/21/21 - Senate Journal

  6. To Governor 4/14/21 - House Journal

  7. To Governor 4/14/21 - Senate Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Passed House (Roll No. 455)

  12. Read 3rd time

  13. On 3rd reading, Special Calendar

  14. Read 2nd time

  15. On 2nd reading, Special Calendar

  16. Read 1st time

  17. On 1st reading, Special Calendar

  18. Do pass

  19. To House Judiciary

  20. To Judiciary

  21. Introduced in House

  22. Ordered to House

  23. Passed Senate (Roll No. 191)

  24. Read 3rd time

  25. On 3rd reading

  26. Read 2nd time

  27. Laid over on 2nd reading 3/23/21

  28. On 2nd reading

  29. Read 1st time

  30. On 1st reading

  31. Committee substitute reported

  32. To Judiciary

  33. Introduced in Senate

  34. To Judiciary

  35. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 12 co-sponsors · 139 not signed on

Sponsors (1)

Co-sponsors (12)

Not signed on (139)

139 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

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 SB 361?
SB 361 is sponsored by Randy E. Smith (Republican), Amy Grady (Republican), Mike Woelfel (Democrat), Ihlenfeld, Plymale, Phillips, Trump, Rollan A. Roberts (Republican), Karnes, Patricia Rucker (Republican), Lindsay, Mike Azinger (Republican), and Jack Woodrum (Republican).
What is the current status of SB 361?
This bill has been enacted into law. Introduced February 19, 2021. Enacted.
Where can I track SB 361?
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