West Virginia 2020 Regular Session Status: To Executive

SB 692 — Clarifying persons indicted or charged jointly for felony offense can move to have separate trial

Last action — Vetoed by Governor 3/25/20

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

This bill died with 2020 Regular Session. It reached “To Executive” 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.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

15 added · 9 removed

Plain-language change summary

The recent amendment to Bill SB 692 updates the title and clarifies that individuals charged with felony offenses have the right to a separate trial focused solely on their guilt or innocence, if they request it. This change ensures that this right takes precedence over any existing laws or judicial rules that might say otherwise. Importantly, the amendment also allows judges to deny such separate trials if having victims testify multiple times would cause them significant emotional distress. This adjustment aims to balance the rights of the accused with the wellbeing of victims.

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SB692 HFA Canestraro 3-2                 Delegate Canestraro moves to amend Com Sub for SB692 on page 1, Section 8, line 13, following the word “determined” by striking out the period and inserting a colon and the following proviso:
SB692 HFAT Shott 3-5 Cline  3258   Delegate Shott moves to amend the bill by striking out the title and substituting therefor a new title, to read as follows:
“Provided, That in a trial of one or more felony offenses, the court may deny the motion if it finds that requiring the appearance at multiple trials will cause the victim of the violence or sexual assault undue mental or emotional distress.”    
Eng.
Senate Bill 692— A BILL to amend and reenact §62-3-8 of the Code of West Virginia, 1931, as amended, relating to clarifying that persons charged with a felony offense or offenses are entitled to a separate trial as to their guilt or innocence upon moving therefor;
clarifying that the statutory right to a separate trial preempts any provisions of law or judicial rule to the contrary;
and adding a proviso that the court may deny the motion for separate trials if the court finds that requiring victim appearance at multiple trials will cause a victim of violence or sexual assault undue mental or emotional distress.
    Adopted Rejected
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Action History

  1. Vetoed by Governor 3/25/20

  2. To Governor 3/18/20

  3. Vetoed by Governor 3/25/20 - House Journal

  4. Vetoed by Governor 3/25/20 - Senate Journal

  5. To Governor 3/18/20 - House Journal

  6. To Governor 3/18/20 - Senate Journal

  7. Completed legislative action

  8. Communicated to House

  9. Senate concurred in House amendments and passed bill (Roll No. 588)

  10. House Message received

  11. Communicated to Senate

  12. Title amendment adopted (Voice vote)

  13. Passed House (Roll No. 576)

  14. Read 3rd time

  15. On 3rd reading, Special Calendar

  16. Amendment adopted (Voice vote)

  17. Read 2nd time

  18. From House Calendar, 2nd reading, placed on Special Calendar

  19. From Special Calendar, 2nd reading, placed on House Calendar

  20. On 2nd reading, Special Calendar

  21. Read 1st time

  22. On 1st reading, Special Calendar

  23. Do pass

  24. To House Judiciary

  25. To Judiciary

  26. Introduced in House

  27. Ordered to House

  28. Passed Senate (Roll No. 196)

  29. Read 3rd time

  30. On 3rd reading

  31. Read 2nd time

  32. On 2nd reading

  33. Read 1st time

  34. On 1st reading

  35. Committee substitute reported

  36. To Judiciary

  37. Introduced in Senate

  38. To Judiciary

  39. Filed for introduction

Sponsors

  • Trump · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on

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 95 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 25000
Unaffiliated 66301
Democrat 4001
Total 95302
% of votes cast 95%3%0%2%
How each member voted (100)
Member Party Vote
Espinosa — Yea
Kessinger — Yea
Angelucci — Yea
Estep-Burton — Yea
Kump — Yea
Rowan — Yea
Atkinson — Yea
Evans — Yea
Lavender-Bowe — Yea
Rowe — Yea
Fast — Yea
Linville — Yea
Shott — Yea
Barnhart — Yea
Fleischauer — Yea
Little — Yea
Skaff — Yea
Longstreth — Yea
Sponaugle — Yea
Foster — Yea
Lovejoy — Yea
Staggers — Yea
Bates — Yea
Graves — Yea
Mandt — Yea
Steele — Yea
Bibby — Yea
Hamrick — Yea
Storch — Yea
Brown, N. — Yea
Hanna — Yea
Summers — Yea
Maynard — Yea
Swartzmiller — Yea
Byrd — Yea
Hardy — Yea
Sypolt — Yea
Cadle — Yea
Hartman — Yea
Miley — Yea
Thompson, C. — Yea
Hicks — Yea
Tomblin — Yea
Canestraro — Yea
Higginbotham — Yea
Nelson — Yea
Capito — Yea
Hill — Yea
Pack — Yea
Walker — Yea
Caputo — Yea
Paynter — Yea
Waxman — Yea
Householder — Yea
Pethtel — Yea
Westfall — Yea
Cowles — Yea
Phillips — Yea
Porterfield — Yea
Wilson — Yea
Jeffries, J. — Yea
Diserio — Yea
Pyles — Yea
Zukoff — Yea
Doyle — Yea
Robinson — Yea
Brown, S. — Nay
Rodighiero — Nay
Thompson, R. — Nay
Boggs — 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 →

Passage

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 32000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
LINDSAY — Yea
SMITH — Yea
BALDWIN — Yea
MANN — Yea
STOLLINGS — Yea
BEACH — Yea
MARONEY — Yea
SWOPE — Yea
BLAIR — Yea
MAYNARD — Yea
SYPOLT — Yea
BOLEY — Yea
PALUMBO — Yea
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 →

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 692?
SB 692 is sponsored by Trump.
What is the current status of SB 692?
This bill died with 2020 Regular Session. It reached “To Executive” 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 692?
Track SB 692 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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