West Virginia 2020 Regular Session Status: Enacted 2 R cosponsors

HB 4166 — Prohibiting certain sex offenders from being in a supervisory position over children

Last action — Chapter 100, Acts, Regular Session, 2020

  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 January 14, 2020. Enacted.

Prognosis

Likely to advance 82% · 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.

  • 11 sponsors

    1 primary, 10 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

89 added · 60 removed

Plain-language change summary

The recent changes to Bill HB 4166 include clarifications regarding the conditions of supervised release for individuals following incarceration or probation. The modification emphasizes that those sentenced to supervised release will be required to participate in treatment programs unless the court determines otherwise. This matters because it reinforces the importance of rehabilitation during supervised release, potentially leading to better outcomes for individuals reintegrating into society.

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NEWS RELEASES HELPFUL LINKS Introduced Version « House Bill 4166 History OTHER VERSIONS  —  Enrolled Version - Final Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « House Bill 4166 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Introduced House Bill 4166 By Delegates Foster, Phillips, Bibby, Steele, Butler, Waxman, Espinosa, Porterfield, Kessinger, Lovejoy and Bartlett [Introduced January 14, 2020;
Red = new code to be enacted WEST virginia legislature regular session ENROLLED House Bill 4166 By Delegates Foster, Phillips, Bibby, Steele, Butler, Waxman, Espinosa, Porterfield, Kessinger, Lovejoy and Bartlett [Passed February 17, 2020;
Referred to the Committee on the Judiciary.]   A BILL to amend and reenact §62-12-26 of the Code of West Virginia, 1931, as amended, relating to prohibiting certain sex offenders from being in a supervisory position over children.
in effect ninety days from passage.]   AN ACT to amend and reenact §62-12-26 of the Code of West Virginia, 1931, as amended, relating to prohibiting certain sex offenders from being in a supervisory position over children.
Provided further, That pursuant to the provisions of subsection (g) of this section §62-12-26(h) of this code, a court may modify, terminate, or revoke any term of supervised release imposed pursuant to §62-12-26(a) of this code.
Provided further, That pursuant to the provisions of §62-12-26(h) of this code, a court may modify, terminate, or revoke any term of supervised release imposed pursuant to §62-12-26(a) of this code.
(c) (d) The period of supervised release imposed by the provisions of this section shall begin upon the expiration of any period of probation, the expiration of any sentence of incarceration or the expiration of any period of parole supervision imposed or required of the person so convicted, whichever expires later.
(d) The period of supervised release imposed by the provisions of this section shall begin upon the expiration of any period of probation, the expiration of any sentence of incarceration or the expiration of any period of parole supervision imposed or required of the person so convicted, whichever expires later.
(d) (e) Any person sentenced to a period of supervised release pursuant to the provisions of this section shall be supervised by a multijudicial circuit probation officer, if available.
(e) Any person sentenced to a period of supervised release pursuant to the provisions of this section shall be supervised by a multijudicial circuit probation officer, if available.
(e) (f) A defendant sentenced to a period of supervised release shall be 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 shall be 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) (g) The sentencing court may, based upon defendant’s ability to pay, impose a supervision fee to offset the cost of supervision.
(g) The sentencing court may, based upon defendant’s ability to pay, impose a supervision fee to offset the cost of supervision.
(g) (h) Modification of conditions or revocation.
(h) Modification of conditions or revocation.
(h) (i) Written statement of conditions.
(i) Written statement of conditions.
(i) (j) Supervised release following revocation.
(j) Supervised release following revocation.
(j) (k) Delayed revocation.
(k) Delayed revocation.
— 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 subsection (i) of this section §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 such a violation.
  NOTE:
                       The Joint Committee on Enrolled Bills hereby certifies that the foregoing bill is correctly enrolled.
The purpose of this bill is to prohibit certain sex offenders from being in a supervisory position over children.
    ...............................................................
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.
        Chairman, House Committee                          ...............................................................
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                             Chairman, Senate Committee                                                       Originating in the House.
  In effect ninety days from passage.
    ...............................................................
                  Clerk of the House of Delegates                          ...............................................................
                                                   Clerk of the Senate                                         ...............................................................
                                                   Speaker of the House of Delegates                                                                 ...............................................................
                                                                                     President of the Senate     __________             The within ...................................................
this the...........................................
  day of ..........................................................................................................., 2020.
                                                    .............................................................
                                                                                                Governor   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 100, Acts, Regular Session, 2020

  2. Approved by Governor 3/5/20 - House Journal

  3. Approved by Governor 3/5/20

  4. Approved by Governor 3/5/20 - Senate Journal

  5. To Governor 2/28/20 - House Journal

  6. To Governor 2/28/20

  7. To Governor 2/28/20 - Senate Journal

  8. House received Senate message

  9. Completed legislative action

  10. Communicated to House

  11. Passed Senate (Roll No. 163)

  12. Read 3rd time

  13. On 3rd reading

  14. Read 2nd time

  15. On 2nd reading

  16. Read 1st time

  17. On 1st reading

  18. Reported do pass

  19. To Judiciary

  20. To Judiciary

  21. Introduced in Senate

  22. Communicated to Senate

  23. Passed House (Roll No. 45)

  24. Read 3rd time

  25. On 3rd reading, Special Calendar

  26. Read 2nd time

  27. On 2nd reading, Special Calendar

  28. Read 1st time

  29. On 1st reading, Special Calendar

  30. Do pass

  31. To House Judiciary

  32. Introduced in House

  33. To Judiciary

  34. Filed for introduction

Sponsors

  • Foster · Primary
  • Bibby · Cosponsor
  • Steele · Cosponsor
  • Waxman · Cosponsor
  • Espinosa · Cosponsor
  • Porterfield · Cosponsor
  • Kessinger · Cosponsor
  • Lovejoy · Cosponsor
  • Bartlett · Cosponsor
  • Jim Butler · Cosponsor
  • Chris Phillips · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Foster

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

Passed 32 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 30002
Total 32002
% of votes cast 94%0%0%6%
How each member voted (34)
Member Party Vote
LINDSAY — Yea
SMITH — Yea
BALDWIN — Yea
MANN — Not Voting
STOLLINGS — Yea
BEACH — Yea
MARONEY — Yea
SWOPE — Yea
BLAIR — Yea
MAYNARD — Yea
SYPOLT — Yea
BOLEY — Yea
PALUMBO — Not Voting
TAKUBO — Yea
PITSENBARGER — Yea
TARR — Yea
CLINE — Yea
PLYMALE — Yea
TRUMP — Yea
FACEMIRE — Yea
PREZIOSO — Yea
UNGER — Yea
HAMILTON — Yea
ROBERTS — Yea
WELD — Yea
HARDESTY — Yea
ROMANO — Yea
WOELFEL — Yea
IHLENFELD — Yea
RUCKER — Yea
MR PRESIDENT — Yea
JEFFRIES — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

PASSAGE

Passed 93 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 25000
Unaffiliated 64006
Democrat 4001
Total 93007
% of votes cast 93%0%0%7%
How each member voted (100)
Member Party Vote
Espinosa — Yea
Kessinger — Yea
Rowan — Yea
Angelucci — Yea
Estep-Burton — Yea
Kump — Yea
Rowe — Yea
Atkinson — Yea
Evans — Yea
Lavender-Bowe — Yea
Shott — Yea
Fast — Yea
Linville — Yea
Skaff — Yea
Barnhart — Yea
Fleischauer — Yea
Little — Yea
Sponaugle — Yea
Longstreth — Yea
Staggers — Yea
Foster — Yea
Lovejoy — Yea
Steele — Yea
Bates — Yea
Graves — Yea
Summers — Yea
Bibby — Yea
Hamrick — Yea
Swartzmiller — Yea
Boggs — Yea
Hanna — Yea
Maynard — Yea
Sypolt — Yea
Brown, N. — Yea
Thompson, C. — Yea
Brown, S. — Yea
Hardy — Yea
Thompson, R. — Yea
Hartman — Yea
Nelson — Yea
Tomblin — Yea
Byrd — Yea
Hicks — Yea
Pack — Yea
Cadle — Yea
Higginbotham — Yea
Paynter — Yea
Walker — Yea
Hill — Yea
Pethtel — Yea
Waxman — Yea
Canestraro — Yea
Phillips — Yea
Westfall — Yea
Capito — Yea
Householder — Yea
Porterfield — Yea
Pyles — Yea
Zukoff — Yea
Jeffries, J. — Yea
Diserio — Yea
Robinson — Yea
Doyle — Yea
Rodighiero — Yea
Caputo — Not Voting
Miley — Not Voting
Wilson — Not Voting
Cowles — Not Voting
Mandt — Not Voting
Storch — Not Voting
Evan Hansen Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Not Voting
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 Yea
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
T. Kevan Bartlett Republican Yea
Vernon Criss Republican Yea
William Anderson 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 HB 4166?
HB 4166 is sponsored by Foster, Bibby, Steele, Waxman, Espinosa, Porterfield, Kessinger, Lovejoy, Bartlett, Jim Butler (Republican), and Chris Phillips (Republican).
What is the current status of HB 4166?
This bill has been enacted into law. Introduced January 14, 2020. Enacted.
Where can I track HB 4166?
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