West Virginia 2019 Regular Session Status: Enacted

SB 101 — Equalizing penalties for intimidating and retaliating against certain public officers and other persons

Last action — Chapter 70, 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 09, 2019. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • 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

129 added · 136 removed

Plain-language change summary

The latest version of Bill SB 101 adds specific definitions related to legal processes and outlines prohibited actions more clearly. It expands on the types of intimidation and fraud that are considered illegal, including the influence or manipulation of jurors and witnesses. This change is important as it strengthens protections for individuals involved in the judicial process, making it harder for anyone to interfere with legal proceedings through unlawful means.

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Latest
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 101 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS SB101 SUB1 « Senate Bill 101 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 101 Senator Trump, original sponsor [Passed March 5, 2019;
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 101 Senator Trump, original sponsor [Originating in the Committee on the Judiciary;
in effect 90 days from passage]     AN ACT to amend and reenact §61-5-27 of the Code of West Virginia, 1931, as amended, relating to equalizing the criminal penalties for intimidating and retaliating against public officers and employees, jurors, and witnesses;
Reported on January 23, 2019]     A BILL to amend and reenact §61-5-27 of the Code of West Virginia, 1931, as amended, relating to equalizing the criminal penalties for intimidating and retaliating against public officers and employees, jurors, and witnesses;
 (d) Penalty.
(d) Subsection (b) offense.
— A person convicted of an offense under subsections (b) or (c) of this section is guilty of a felony and shall be confined in a correctional facility not less than one nor more than 10 years, fined not more than $2,000, or both.
-- A person who is convicted of an offense under subsection (b) is guilty of a misdemeanor and shall be confined in jail for not more than one year or fined not more than $1,000, or both.
(e) Civil cause of action.
(e) Subsection (c) or subsequent offense (d) Penalty.
— A person convicted of an offense under §61-5-27(c) of this code, or a second offense under subsection §61-5-27(b) of this code subsections (b) or (c) of this section is guilty of a felony and shall be confined in a correctional facility not less than one nor more than 10 years, fined not more than $2,000, or both.
(f) (e) Civil cause of action.
(f) Civil sanctions.
(g) (f) Civil sanctions.
— In addition to the criminal and civil penalties set forth in this section, any fraudulent official proceeding or legal process brought in a tribunal of this state in violation of this section shall be dismissed by the tribunal and the person may be ordered to reimburse the aggravated person for reasonable attorney’s fees, court costs, and other expenses incurred in defending or dismissing such action.
-- In addition to the criminal and civil penalties set forth in this section, any fraudulent official proceeding or legal process brought in a tribunal of this state in violation of this section shall be dismissed by the tribunal and the person may be ordered to reimburse the aggravated person for reasonable attorney’s fees, court costs, and other expenses incurred in defending or dismissing such action.
— A recorder may refuse to record a clearly fraudulent lien or other legal process against a public official or employee or his or her property.
-- A recorder may refuse to record a clearly fraudulent lien or other legal process against a public official or employee or his or her property.
If such lien or legal process is not properly released or dismissed within 21 days, then it shall be inferred that the person intended to harass the public official or employee in violation of subsection (b) of this section and shall be subject to the criminal penalties in subsection (d) of this section and any other remedies provided in this section;
If such lien or legal process is not properly released or dismissed within 21 days, then it shall be inferred that the person intended to harass the public official or employee in violation of §61-5-27(b) of this code subsection (b) of this section and shall be subject to the criminal penalties in §61-5-27(d) of this code subsection (d) of this section and any other remedies provided in this section;
(g) A person’s lack of belief in the jurisdiction or authority of this state or of the United States is no defense to prosecution of a civil or criminal action under this section.
(h) (g) A person’s lack of belief in the jurisdiction or authority of this state or of the United States is no defense to prosecution of a civil or criminal action under this section.
(h)(1) Nothing in this section prohibits or in any way limits the lawful acts of legitimate public officials or employees;
(i) (h)(1) Nothing in this section prohibits or in any way limits the lawful acts of legitimate public officials or employees;
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Action History

  1. Chapter 70, Acts, Regular Session, 2019

  2. Approved by Governor 3/25/19

  3. To Governor 3/19/19

  4. Approved by Governor 3/25/19 - Senate Journal

  5. Approved by Governor 3/25/19 - House Journal

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

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

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Passed House (Roll No. 442)

  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. 29)

  24. Read 3rd time

  25. On 3rd reading

  26. Read 2nd time

  27. On 2nd reading

  28. Read 1st time

  29. On 1st reading

  30. Committee substitute reported

  31. To Judiciary

  32. Introduced in Senate

  33. To Judiciary

  34. Filed for introduction

Sponsors

  • Trump · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on · 1 voted No

Sponsors (1)

  • Trump

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

Show all 151 →

"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
Atkinson — Yea
Estep-Burton — Yea
Fast — Yea
Kessinger — Yea
Kump — Yea
Rowan — Yea
Bates — Yea
Boggs — Yea
Fleischauer — Yea
Hamrick — Yea
Lavender-Bowe — Yea
Longstreth — Yea
Lovejoy — Yea
Rowe — Yea
Shott — Yea
Sponaugle — Yea
Foster — Yea
Brown, N. — Yea
Brown, S. — Yea
Maynard — Yea
Sypolt — Yea
Hartman — Yea
Thompson, C. — Yea
Thompson, R. — Yea
Nelson — Yea
Tomblin — Yea
Walker — Yea
Phillips — Yea
Diserio — Yea
Byrd — Yea
Cadle — Yea
Capito — Yea
Caputo — Yea
Hardy — Yea
Hicks — Yea
Higginbotham — Yea
Hollen — Yea
Householder — Yea
Mandt — Yea
Miley — Yea
Pack — Yea
Pethtel — Yea
Pyles — Yea
Swartzmiller — Yea
Waxman — Yea
Westfall — Yea
Wilson — Yea
Jeffries, J. — Yea
Doyle — Yea
Rodighiero — Yea
Zukoff — Yea
Angelucci — Yea
Bibby — Yea
Canestraro — Yea
Cowles — Yea
Espinosa — Yea
Graves — Yea
Hanna — Yea
Harshbarger — Yea
Hill — Yea
Linville — Yea
Malcolm — Yea
Paynter — Yea
Porterfield — Yea
Robinson — Yea
Skaff — Yea
Staggers — Yea
Steele — Yea
Storch — Yea
Summers — 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 Yea
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 Nay
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 31 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 29201
Total 31201
% of votes cast 91%6%0%3%
How each member voted (34)
Member Party Vote
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
LINDSAY — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Yea
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Not Voting
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
PALUMBO — Yea
TARR — Yea
PLYMALE — Yea
TRUMP — Yea
CLINE — Yea
PREZIOSO — Yea
UNGER — Nay
FACEMIRE — Yea
ROBERTS — Yea
WELD — Yea
HAMILTON — Yea
ROMANO — Nay
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 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 101?
SB 101 is sponsored by Trump.
What is the current status of SB 101?
This bill has been enacted into law. Introduced January 09, 2019. Enacted.
Where can I track SB 101?
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Last checked for changes 3 months ago · updated continuously

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