SB 705 — Creating offense of theft by conversion
Last action — Vetoed by Governor 4/1/2026 - House Journal
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1Introduced
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2In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2026 Session. It reached “Introduced” 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.
Vetoed by Governor Patrick Morrisey (Republican) on April 01, 2026.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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.
Summary
Creating offense of theft by conversion
Bill Text
What changed in the latest version
64 added · 1 removedPlain-language change summary
The recent amendments to SB 705 focus on clarifying the definition and penalties for theft by conversion. One key change is the addition of specific provisions regarding restitution, ensuring that victims can receive compensation from defendants in these cases. Moreover, the updated bill outlines more precise rules about where such cases can be prosecuted, making it easier for victims to have their cases heard in a convenient location. These changes are important as they strengthen the legal framework for addressing theft and improve protections for victims.
SB705WEST HFATVIRGINIA AkersLEGISLATURE 3-13MorganREGULAR 3345 DelegateSESSION AkersEnrolled movedSenate toBill amend705 theB billYSENATORS byW strikingELD, outEEDS,AND theWOELFEL title[Passed andMarch substituting14, therefor2026; a new title, to read as follows: “A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §61-3-61, providing definitions;
in effect 90 days from passage (June 12, 2026)] Enr SB 705 AN ACT to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §61-3-61, relating to providing definitions;
and establishing venue.”; AdoptedRejected venue.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3.
CRIMES AGAINST PROPERTY.
§61-3-61.
Theft by conversion;
penalties;
and restitution.
(a) As used in this section, the following terms shall have the following meanings:
"Property" includes, but is not limited to, leased or rented personal property;
"Personal property" means personal property having a replacement cost value greater than $100, excluding any late fees and penalties, including but not limited to heavy equipment contained within the definition of "heavy equipment rental inventory" in §11-5-15 of this code, tractors, and other farm equipment primarily designed for use in agriculture;
and "Funds" means any form of money, including cash, payment instruments such as checks, money orders, or sales drafts, and receipts from electronic fund transfers.
(b) A person is guilty of the offense of theft by conversion when, after having lawfully obtained funds or other property of another under an agreement or by some other legal obligation in order to make a specified application of the funds or a specified disposition of the property, he or she knowingly converts the funds or property to his or her own use in violation of the agreement or legal obligation.
(c) Any person who violates the provisions of this section involving funds or other property valued in an amount of less than $2,500 is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year, fined not more than $1,000, or both fined and confined.
Any person who violates the provisions of this section involving funds or other property valued in an amount of $2,500 or more, is guilty of a felony and, upon conviction thereof, shall be Enr SB 705 imprisoned in a state correctional facility for not less than one year nor more than 10 years, fined not more than $2,500, or both fined and imprisoned.
(d) The court, when sentencing a defendant convicted of an offense under this section, shall order, in addition to or in lieu of any other penalty authorized by law, that the defendant make restitution to any victim in accordance with §61-11A-4 of this code.
(e) Venue for prosecution of any violation of this section may be in the county in which the defendant resides, the county in which the victim resides, in the county where the property is located, in the county where the agreement was executed, or in the county where the obligation arose.
Enr SB 705 The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the Senate ...............................................................
Clerk of the House of Delegates Originated in the Senate.
In effect 90 days from passage.
...............................................................
President of the Senate ...............................................................
Speaker of the House of Delegates __________ The within is ................................................
this the...........................................
Day of ..........................................................................................................., 2026.
.............................................................
Governor 3
View plain text versions (4)
- Enrolled Enrolled Version Current pdf
- sb705 hfat akers 3-13 adopted.htm View text html
- sb705 h jud am _1 adopted.htm View text html
- Introduced Introduced Version pdf
Action History
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Filed for introduction
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To Judiciary
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Introduced in Senate
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To Judiciary
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Reported do pass
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On 1st reading
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Read 1st time
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On 2nd reading
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Read 2nd time
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On 3rd reading
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Read 3rd time
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Passed Senate (Roll No. 198)
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Ordered to House
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House received Senate message
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Introduced in House
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To Judiciary
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To House Judiciary
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Markup Discussion
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With amendment, do pass
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Immediate consideration
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Read 1st time
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On 2nd reading, Special Calendar
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Read 2nd time
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Amendment reported by the Clerk
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Committee amendment adopted (Voice vote)
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On 3rd reading, Special Calendar
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Read 3rd time
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Passed House (Roll No. 552)
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Title amendment adopted (Voice vote)
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Communicated to Senate
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House Message received
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Senate concurred in House amendments and passed bill (Roll No. 627)
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Communicated to House
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Completed legislative action
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To Governor 3/19/2026
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To Governor 3/19/2026 - Senate Journal
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Vetoed by Governor 4/1/2026
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Vetoed by Governor 4/1/2026 - Senate Journal
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Vetoed by Governor 4/1/2026 - House Journal
Sponsors
- Weld · Primary
- Woelfel · Cosponsor
- Vince Deeds · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 149 not signed on
Sponsors (1)
- Weld
Co-sponsors (2)
- Woelfel
- Vince Deeds Republican
Not signed on (149)
149 members have not signed on to this bill.
Show all 149 →"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.
Votes
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 29 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Democrat | 4 | 0 | 0 | 0 |
| Total | 34 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| MR PRESIDENT | — | Yea |
| Anitra Hamilton | Democrat | Yea |
| Mike Woelfel | Democrat | Yea |
| Mike Woelfel | Democrat | Yea |
| Rick Garcia | Democrat | Yea |
| Ben Queen | Republican | Yea |
| Carl Martin | Republican | Yea |
| Chris Phillips | Republican | Yea |
| Chris Rose | Republican | Yea |
| Chris Rose | Republican | Yea |
| Dean Jeffries | Republican | Yea |
| Eric Tarr | Republican | Yea |
| Eric Tarr | Republican | Yea |
| Glenn Jeffries | Republican | Yea |
| Jack Woodrum | Republican | Yea |
| Jack Woodrum | Republican | Yea |
| Jay Taylor | Republican | Yea |
| Jimmy Willis | Republican | Yea |
| Mark R. Maynard | Republican | Yea |
| Mike Oliverio | Republican | Yea |
| Patricia Rucker | Republican | Yea |
| Patricia Rucker | Republican | Yea |
| Robbie Morris | Republican | Yea |
| Rollan A. Roberts | Republican | Yea |
| Rollan A. Roberts | Republican | Yea |
| Rupie Phillips | Republican | Yea |
| Rupie Phillips | Republican | Yea |
| Ryan Weld | Republican | Yea |
| Ryan Weld | Republican | Yea |
| Tom Takubo | Republican | Yea |
| Tom Takubo | Republican | Yea |
| Tom Willis | Republican | Yea |
| Trenton Barnhart | Republican | Yea |
| Trenton Barnhart | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 28 | 0 | 0 | 1 |
| Democrat | 4 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 33 | 0 | 0 | 1 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| MR PRESIDENT | — | Yea |
| Anitra Hamilton | Democrat | Yea |
| Mike Woelfel | Democrat | Yea |
| Mike Woelfel | Democrat | Yea |
| Rick Garcia | Democrat | Yea |
| Ben Queen | Republican | Yea |
| Carl Martin | Republican | Yea |
| Chris Phillips | Republican | Yea |
| Chris Rose | Republican | Yea |
| Chris Rose | Republican | Yea |
| Dean Jeffries | Republican | Yea |
| Eric Tarr | Republican | Yea |
| Eric Tarr | Republican | Yea |
| Glenn Jeffries | Republican | Yea |
| Jack Woodrum | Republican | Not Voting |
| Jack Woodrum | Republican | Yea |
| Jay Taylor | Republican | Yea |
| Jimmy Willis | Republican | Yea |
| Mark R. Maynard | Republican | Yea |
| Mike Oliverio | Republican | Yea |
| Patricia Rucker | Republican | Yea |
| Patricia Rucker | Republican | Yea |
| Robbie Morris | Republican | Yea |
| Rollan A. Roberts | Republican | Yea |
| Rollan A. Roberts | Republican | Yea |
| Rupie Phillips | Republican | Yea |
| Rupie Phillips | Republican | Yea |
| Ryan Weld | Republican | Yea |
| Ryan Weld | Republican | Yea |
| Tom Takubo | Republican | Yea |
| Tom Takubo | Republican | Yea |
| Tom Willis | Republican | Yea |
| Trenton Barnhart | Republican | Yea |
| Trenton Barnhart | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 705 do?
- Creating offense of theft by conversion
- Who sponsors SB 705?
- SB 705 is sponsored by Weld, Woelfel, and Vince Deeds (Republican).
- What is the current status of SB 705?
- This bill died with 2026 Session. It reached “Introduced” 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 SB 705?
- Track SB 705 free on One Click Politics — get push/email alerts when it moves.
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