West Virginia 2018 Regular Session Status: Enacted Bipartisan · 4 R · 1 D cosponsors

HB 4402 — Relating to the prevention of sexual abuse of children

Last action — Chapter 74, Acts, Regular Session, 2018

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

This bill has been enacted into law. Introduced February 02, 2018. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 11 sponsors

    1 primary, 10 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

62 added · 72 removed

Plain-language change summary

The amendments made to HB 4402 clarify that the state board of education will propose a legislative rule for the education and prevention of child sexual abuse instead of simply promulgating it. This change emphasizes a collaborative approach to developing the necessary resources by requiring the board to propose the rule, which could help ensure that it is well-considered and suited to the needs of schools. Additionally, the language has been made a bit more specific in outlining what the rule must address, reinforcing the focus on offering developmentally appropriate education and resources. Overall, these changes enhance accountability and responsiveness in the implementation of the safety education standards.

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NEWS RELEASES HELPFUL LINKS Introduced Version « House Bill 4402 History OTHER VERSIONS  —  Enrolled Version - Final Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « House Bill 4402 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Introduced House Bill 4402 By Delegates Espinosa, Statler, Moye, Hornbuckle, Kelly, Rodighiero, Blair, Householder, Higginbotham, Dean and Campbell [Introduced February 2, 2018;
Red = new code to be enacted WEST virginia legislature regular session ENROLLED House Bill 4402 By Delegates Espinosa, Statler, Moye, Hornbuckle, Kelly, Rodighiero, Blair, Householder, Higginbotham, Dean and Campbell [Passed March 5, 2018;
Referred to the Committee on Education then the Judiciary.] A BILL to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §18-2-41, relating to the education and prevention of sexual abuse of children;
in effect ninety days from passage.] AN ACT to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §18-2-41, relating to the education and prevention of sexual abuse of children;
(a) Education of children in grades K-12 - Beginning July 1, 2019, children in grades K-12 shall receive body age-appropriate safety information at least once per academic school year, with a preference for four times per academic year.
(a) Education of children in grades K-12 -- Beginning July 1, 2019, children in grades K-12 shall receive body age-appropriate safety information at least once per academic school year, with a preference for four times per academic year.
To facilitate this process and develop resources, the state board shall promulgate a legislative rule, in accordance with §29A-3b-1 et seq.
To facilitate this process and develop resources, the state board shall propose a legislative rule for promulgation, in accordance with §29A-3b-1 et seq.
(1) Education and resources shall be developmentally appropriate;
(1) Developmentally appropriate education and resources;
(2) Social media usage and content shall be addressed;
(2) Social media usage and content;
(3) Implementation of best practices shall be articulated;
(3) Implementation of best practices;
shall be taken into account in implementation strategies;
relating to implementation strategies;
(5) Strategies for dealing with disclosures after student education shall be articulated;
(5) Strategies for dealing with disclosures after student education;
(6) Rules shall be informed by family voice;
(6) Rules informed by family voice;
(7) Offender dynamics shall be addressed;
(7) Offender dynamics;
(8) Child-on-child scenarios shall be addressed;
(8) Child-on-child scenarios;
(9) Rules shall address development of supplementary materials, including posting of the child abuse hotline, to embed into the school climate;
(9) Rules on development of supplementary materials, including posting of the child abuse hotline, to embed into the school climate;
(10) Protocols for local crisis response shall be delineated in conjunction with §18-9F-9 of this code.
(10) Protocols for local crisis response in conjunction with §18-9F-9 of this code.
(b) Training of public school employees - The state board shall promulgate by December 31, 2018, a legislative rule in accordance with §29A-3b-1 et seq.
(b) Training of public school employees.
The state board shall propose by December 31, 2018 a legislative rule for promulgation in accordance with §29A-3b-1 et seq.
(A) Recognize sexually offending behaviors in adults, questionable behaviors such as boundary violations, and signs in adults that might indicate they pose a sexual risk to children.
(A) Recognize sexually offending behaviors in adults, questionable behaviors such as boundary violations, and signs in adults that might indicate they pose a sexual risk to children;
(A) The required training will be at least a cumulative four hours (half day) of instruction on the elements identified above.
(A) The required training shall be at least a cumulative four hours (half day) of instruction on the elements identified in this section.
(B) A skills renewal will be required every two years thereafter.
(B) A skills renewal is required every two years thereafter.
(D) Certificates of satisfactory completion will be provided for the employee and the employer documenting completion of required training.
(D) The state board shall provide certificates of satisfactory completion for the employee and the employer documenting the employee completed the required training.
NOTE:
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The purpose of this bill is to prevent sexual abuse by educating students in K-12 and providing training to public school employees.  The bill requires yearly education to students and requires the state board to promulgate rules therefore.  It also requires the board to promulgate rules for the training of public school employees.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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. Chapter 74, Acts, Regular Session, 2018

  2. Approved by Governor 3/27/18

  3. Approved by Governor 3/27/18 - Senate Journal

  4. Approved by Governor 3/27/18 - House Journal

  5. To Governor 3/9/18 - House Journal

  6. To Governor 3/9/18

  7. To Governor 3/9/18 - Senate Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. House concurred in Senate amendment and passed bill (Roll No. 303)

  12. House received Senate message

  13. Senate requests House to concur

  14. Passed Senate (Roll No. 317)

  15. Read 3rd time

  16. On 3rd reading

  17. Committee amendment adopted (Voice vote)

  18. Read 2nd time

  19. On 2nd reading

  20. Read 1st time

  21. On 1st reading

  22. Reported do pass, with amendment

  23. To Judiciary

  24. To Judiciary

  25. Introduced in Senate

  26. House Message received

  27. Communicated to Senate

  28. Passed House (Roll No. 143)

  29. Read 3rd time

  30. On 3rd reading, Special Calendar

  31. Read 2nd time

  32. On 2nd reading, Special Calendar

  33. Read 1st time

  34. On 1st reading, Special Calendar

  35. Do pass

  36. To House Judiciary

  37. Do pass, but first to Judiciary

  38. To House Education

  39. Introduced in House

  40. To Education then Judiciary

  41. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 141 not signed on

Sponsors (1)

  • Espinosa

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

PASSAGE-SENATE AMENDED HB

Passed 99 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69001
Republican 26000
Democrat 4000
Total 99001
% of votes cast 99%0%0%1%
How each member voted (100)
Member Party Vote
Lane — Yea
Deem — Not Voting
Fast — Yea
Ferro — Yea
Kessinger — Yea
Longstreth — Yea
Romine, C. — Yea
Romine, R. — Yea
Foster — Yea
Blair — Yea
Martin — Yea
Maynard — Yea
Sypolt — Yea
Hartman — Yea
Thompson — Yea
Nelson — Yea
Walters — Yea
Diserio — Yea
Phillips — Yea
Bates — Yea
Boggs — Yea
Byrd — Yea
Capito — Yea
Caputo — Yea
Cowles — Yea
Folk — Yea
Frich — Yea
Graves — Yea
Harshbarger — Yea
Higginbotham — Yea
Hill — Yea
Householder — Yea
Iaquinta — Yea
Love — Yea
Lynch — Yea
Marcum — Yea
Overington — Yea
Pack — Yea
Paynter — Yea
Pethtel — Yea
Rowan — Yea
Shott — Yea
Sponaugle — Yea
Storch — Yea
Summers — Yea
Upson — Yea
Wagner — Yea
Westfall — Yea
Evans, A. — Yea
Speaker Armstead — Yea
Evans, E. — Yea
Isner — Yea
Pyles — Yea
Wilson — Yea
Ambler — Yea
Atkinson — Yea
Brewer — Yea
Canestraro — Yea
Espinosa — Yea
Fleischauer — Yea
Hamrick — Yea
Hicks — Yea
Hollen — Yea
Lovejoy — Yea
Miley — Yea
Moye — Yea
Robinson — Yea
Rodighiero — Yea
Rowe — Yea
Sobonya — Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Yea
Guy Ward Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Stanley Adkins Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 31000
Republican 3000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
ARVON — Yea
GAUNCH — Yea
RUCKER — Yea
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
KARNES — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Yea
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
OJEDA — Yea
TRUMP — Yea
PALUMBO — Yea
UNGER — Yea
CLINE — Yea
PLYMALE — Yea
WELD — Yea
PREZIOSO — Yea
WOELFEL — Yea
FACEMIRE — Yea
ROMANO — Yea
MR PRESIDENT — Yea
FERNS — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea
Sarah Drennan Republican Yea

Official roll call →

PASSAGE

Passed 96 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 67003
Republican 25001
Democrat 4000
Total 96004
% of votes cast 96%0%0%4%
How each member voted (100)
Member Party Vote
Romine, C. — Not Voting
Lane — Yea
Romine, R. — Yea
Atkinson — Yea
Bates — Yea
Fast — Yea
Ferro — Yea
Folk — Yea
Kessinger — Yea
Longstreth — Yea
Love — Yea
Rodighiero — Yea
Rowan — Yea
Foster — Yea
Blair — Yea
Martin — Yea
Maynard — Yea
Sypolt — Yea
Hartman — Yea
Thompson — Yea
Nelson — Yea
Walters — Yea
Diserio — Yea
Phillips — Yea
Evans, A. — Yea
Evans, E. — Yea
Speaker Armstead — Yea
Byrd — Yea
Capito — Yea
Caputo — Yea
Espinosa — Yea
Frich — Yea
Hamrick — Yea
Harshbarger — Yea
Hicks — Yea
Hill — Yea
Hollen — Yea
Householder — Yea
Lynch — Yea
Overington — Yea
Pack — Yea
Paynter — Yea
Pethtel — Yea
Rowe — Yea
Sponaugle — Yea
Storch — Yea
Summers — Yea
Upson — Yea
Wagner — Yea
Ambler — Yea
Boggs — Yea
Brewer — Yea
Canestraro — Yea
Cowles — Not Voting
Deem — Yea
Fleischauer — Yea
Graves — Yea
Higginbotham — Yea
Iaquinta — Yea
Isner — Not Voting
Lovejoy — Yea
Marcum — Yea
Miley — Yea
Moye — Yea
Pyles — Yea
Robinson — Yea
Shott — Yea
Sobonya — Yea
Westfall — Yea
Wilson — Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Yea
Guy Ward Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Not Voting
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Stanley Adkins Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Subjects

public-safety civil-rights education
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Frequently asked questions

Who sponsors HB 4402?
HB 4402 is sponsored by Householder, Espinosa, Mark Dean (Republican), Sean Hornbuckle (Democrat), Higginbotham, Moye, Joe Statler (Republican), Rodighiero, Blair, Jeff Campbell (Republican), and Betsy Kelly (Republican).
What is the current status of HB 4402?
This bill has been enacted into law. Introduced February 02, 2018. Enacted.
Where can I track HB 4402?
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