West Virginia 2019 Regular Session Status: Enacted 2 R cosponsors

SB 264 — Requiring courts to order restitution to crime victims where economically practicable

Last action — Chapter 72, Acts, Regular Session, 2019

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  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 January 11, 2019. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 2 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

100 added · 107 removed

Plain-language change summary

The latest version of SB 264 adds provisions related to compensation for crime victims, specifying that restitution payments can include funds from the West Virginia Crime Victims Compensation Fund. It also clarifies the process of determining the value of lost property, stating that if the property cannot be returned, the court should pay the greater value at the time of sentencing or when the damage occurred. These changes are important because they aim to ensure that victims receive fair compensation for their losses, taking into consideration their financial situation and the practicalities of restitution.

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Latest
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 264 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS SB264 SUB1 « Senate Bill 264 History OTHER VERSIONS  —  Enrolled Version - Final Version  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 264 Senators Trump, Hamilton, Cline, and Tarr, original sponsors [Passed March 8, 2019;
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 264 By Senators Trump, Hamilton, Cline, and Tarr [Originating in the Committee on the Judiciary;
in effect 90 days from passage]     AN ACT to amend and reenact §61-11A-4 of the Code of West Virginia, 1931, as amended, relating to requiring courts to order restitution to victims of crime where it is economically practicable;
Reported on January 22, 2019]     A BILL to amend and reenact §61-11A-4 of the Code of West Virginia, 1931, as amended, relating to requiring courts to order restitution to victims of crime where it is economically practicable;
(a) The court, when sentencing a defendant convicted of a felony or misdemeanor causing physical, psychological, or economic injury or loss to a victim, shall order, in addition to or in lieu of any other penalty authorized by law, that the defendant make restitution to any victim of the offense to the greatest extent economically practicable when considering the defendant’s financial circumstances.
(a) The court, when sentencing a defendant convicted of a felony or misdemeanor causing physical, psychological, or economic injury or loss to a victim, shall order, in addition to or in lieu of any other penalty authorized by law, that the defendant make restitution to any victim of the offense, unless the court finds restitution to be wholly or partially impractical as set forth in this article to the greatest extent economically practicable when considering the defendant’s financial circumstances.
Provided, That the court may, in the interest of justice, order restitution to any person who has compensated the victim for loss to the extent that the person paid the compensation.
except that the Provided, That the court may, in the interest of justice, order restitution to any person who has compensated the victim for loss to the extent that the person paid the compensation.
As used in this section, the term “any person who has compensated the victim for loss” shall include the West Virginia Crime Victims Compensation Fund.
 As used in this section, the term “any person who has compensated the victim for loss” shall include the West Virginia Crime Victims Compensation Fund.
(1) The end of the period of probation, if probation is ordered;
(i) (1) The end of the period of probation, if probation is ordered;
(2) five years after the end of the term of imprisonment imposed, if the court does not order probation;
(ii) (2) five years after the end of the term of imprisonment imposed, if the court does not order probation;
and (3) five years after the date of sentencing in any other case.
and (iii) (3) five years after the date of sentencing in any other case.
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Action History

  1. Chapter 72, Acts, Regular Session, 2019

  2. Approved by Governor 3/22/19

  3. To Governor 3/22/19

  4. Approved by Governor 3/22/19 - House Journal

  5. Approved by Governor 3/22/19 - Senate Journal

  6. To Governor 3/22/19 - House Journal

  7. To Governor 3/22/19 - Senate Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Passed House (Roll No. 587)

  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 Finance

  20. Do pass, but first to Finance

  21. To House Judiciary

  22. To Judiciary then Finance

  23. Introduced in House

  24. Ordered to House

  25. Passed Senate (Roll No. 55)

  26. Read 3rd time

  27. On 3rd reading

  28. Read 2nd time

  29. On 2nd reading

  30. Read 1st time

  31. On 1st reading

  32. Reported do pass

  33. To Finance

  34. Committee substitute reported, but first to Finance

  35. To Judiciary

  36. Introduced in Senate

  37. To Judiciary then Finance

  38. Filed for introduction

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 148 not signed on · 1 voted No

Sponsors (1)

  • Trump

Co-sponsors (3)

Not signed on (148)

148 members have not signed on to this bill.

Show all 148 →

"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 99 Yea · 1 Nay
Party YeaNayPresentNot Voting
Republican 23100
Unaffiliated 71000
Democrat 5000
Total 99100
% of votes cast 99%1%0%0%
How each member voted (100)
Member Party Vote
Evans — Yea
Foster — Yea
Brown, N. — Yea
Brown, S. — Yea
Maynard — Yea
Sypolt — Yea
Hartman — Yea
Thompson, C. — Yea
Atkinson — Yea
Bates — Yea
Bibby — Yea
Boggs — Yea
Cadle — Yea
Estep-Burton — Yea
Fast — Yea
Fleischauer — Yea
Graves — Yea
Hamrick — Yea
Hardy — Yea
Hicks — Yea
Kump — Yea
Lavender-Bowe — Yea
Linville — Yea
Longstreth — Yea
Mandt — Yea
Rowan — Yea
Shott — Yea
Skaff — Yea
Sponaugle — Yea
Storch — Yea
Summers — Yea
Swartzmiller — Yea
Thompson, R. — Yea
Nelson — Yea
Tomblin — Yea
Walker — Yea
Phillips — Yea
Diserio — Yea
Jeffries, J. — Yea
Caputo — Yea
Espinosa — Yea
Hill — Yea
Hollen — Yea
Householder — Yea
Pack — Yea
Pethtel — Yea
Porterfield — Yea
Pyles — Yea
Rodighiero — Yea
Westfall — Yea
Wilson — Yea
Zukoff — Yea
Angelucci — Yea
Byrd — Yea
Canestraro — Yea
Capito — Yea
Cowles — Yea
Doyle — Yea
Hanna — Yea
Harshbarger — Yea
Higginbotham — Yea
Kessinger — Yea
Lovejoy — Yea
Malcolm — Yea
Miley — Yea
Paynter — Yea
Robinson — Yea
Rowe — Yea
Staggers — Yea
Steele — Yea
Waxman — Yea
Evan Hansen Democrat 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
Betsy Kelly Republican Yea
Carl Martin Republican Nay
Christopher W. Toney Republican Yea
D. Rolland Jennings Republican Yea
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Yea
Mike Azinger Republican Yea
Pat McGeehan Republican Yea
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 31001
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
JEFFRIES — Yea
SMITH — Not Voting
BALDWIN — Yea
LINDSAY — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Yea
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
PALUMBO — Yea
TARR — Yea
PLYMALE — Yea
TRUMP — Yea
CLINE — Yea
PREZIOSO — Yea
UNGER — Yea
FACEMIRE — Yea
ROBERTS — Yea
WELD — Yea
HAMILTON — Yea
ROMANO — Yea
WOELFEL — Yea
HARDESTY — Yea
RUCKER — Yea
MR PRESIDENT — Yea
IHLENFELD — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

Who sponsors SB 264?
SB 264 is sponsored by Trump, Cline, Eric Tarr (Republican), and Bill Hamilton (Republican).
What is the current status of SB 264?
This bill has been enacted into law. Introduced January 11, 2019. Enacted.
Where can I track SB 264?
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Last checked for changes 3 months ago · updated continuously

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