West Virginia 2020 Regular Session Status: Enacted 1 R cosponsors

SB 46 — Defining "pepper spray" and exempting from definition of "deadly weapons"

Last action — Chapter 81, Acts, Regular Session, 2020

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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 08, 2020. Enacted.

Prognosis

Likely to advance 72% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 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

67 added · 74 removed

Plain-language change summary

The updated version of SB 46 clarifies that grievances are not considered a violation of the law regarding deadly weapons at the State Capitol Complex. It adds that while people can keep a firearm in their locked vehicle, they cannot carry larger canisters of pepper spray. Additionally, it emphasizes that gathering in large groups is not seen as obstructing access as long as people move aside to allow others to pass. These changes aim to balance public safety with the right to assemble peacefully.

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NEWS RELEASES HELPFUL LINKS SB46 SUB1 « Senate Bill 46 History OTHER VERSIONS  —  Enrolled Version - Final Version  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 46 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 46 Senator Rucker, original sponsor [Originating in the Committee on the Judiciary;
Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 46 Senator Rucker, original sponsor [Passed February 11, 2020;
reported on January 13, 2020]     A BILL to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended;
in effect 90 days from passage]     AN ACT to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended;
Provided, That any assembly in a peaceable, lawful, and orderly manner for a redress of grievances may not be is not a violation of this section.
Provided, That any assembly in a peaceable, lawful, and orderly manner for a redress of grievances is not a violation of this section.
The term “blackjack” shall include includes, but is not be limited to, a billy, billy club, sand club, sandbag, or slapjack.
The term “blackjack” includes, but is not limited to, a billy, billy club, sand club, sandbag, or slapjack.
The term “knife” shall include includes, but is not be limited to, any dagger, dirk, poniard, or stiletto, with a blade over three and one-half inches in length, any switchblade knife or gravity knife, and any other instrument capable of inflicting cutting, stabbing, or tearing wounds.
The term “knife” includes, but is not limited to, any dagger, dirk, poniard, or stiletto, with a blade over three and one-half inches in length, any switchblade knife or gravity knife, and any other instrument capable of inflicting cutting, stabbing, or tearing wounds.
A pocket knife with a blade three and one-half inches or less in length, a hunting or fishing knife carried for hunting, fishing, sports, or other recreational uses, or a knife designed for use as a tool or household implement shall is not be included within the term “knife” as defined herein in this subsection unless such the knife is knowingly used or intended to be used to produce serious bodily injury or death.
A pocket knife with a blade three and one-half inches or less in length, a hunting or fishing knife carried for hunting, fishing, sports, or other recreational uses, or a knife designed for use as a tool or household implement is not included within the term “knife” as defined in this subsection unless the knife is knowingly used or intended to be used to produce serious bodily injury or death.
The terms “metallic or false knuckles” shall include includes any such instrument without reference to the metal or other substance or substances from which the metallic or false knuckles are made.
The terms “metallic or false knuckles” includes any such instrument without reference to the metal or other substance or substances from which the metallic or false knuckles are made.
(9) (10) “Deadly weapon” means an instrument which is designed to be used to produce serious bodily injury or death or is readily adaptable to such use.
(10) “Deadly weapon” means an instrument which is designed to be used to produce serious bodily injury or death or is readily adaptable to such use.
The term “deadly weapon” shall include includes, but is not be limited to, the instruments defined in subdivisions (1) through (8), inclusive, of this section or other deadly weapons of like kind or character which may be easily concealed on or about the person.
The term “deadly weapon” includes, but is not limited to, the instruments defined in subdivisions (1) through (8), inclusive, of this section or other deadly weapons of like kind or character which may be easily concealed on or about the person.
(10) (11) “Concealed” means hidden from ordinary observation so as to prevent disclosure or recognition.
(11) “Concealed” means hidden from ordinary observation so as to prevent disclosure or recognition.
For purposes of concealed handgun licensees, a licensee shall be deemed is considered to be carrying on or about his or her person while in or on a motor vehicle if the firearm is located in a storage area in or on the motor vehicle.
For purposes of concealed handgun licensees, a licensee is considered to be carrying on or about his or her person while in or on a motor vehicle if the firearm is located in a storage area in or on the motor vehicle.
(11) (12) “Firearm” means any weapon which will expel a projectile by action of an explosion.
(12) “Firearm” means any weapon which will expel a projectile by action of an explosion.
(12) (13) “Controlled substance” has the same meaning as is ascribed to that term in subsection (d), section one hundred one, article one, chapter sixty-a §60A-1-101(e) of this code.
(13) “Controlled substance” has the same meaning as is ascribed to that term in §60A-1-101(e) of this code.
(13) (14) “Drug” has the same meaning as is ascribed to that term in subsection (1), section one hundred one, article one, chapter sixty-a §60A-1-101(m) of this code.
(14) “Drug” has the same meaning as is ascribed to that term in §60A-1-101(m) of this code.
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Action History

  1. Chapter 81, Acts, Regular Session, 2020

  2. Approved by Governor 2/24/20 - House Journal

  3. Approved by Governor 2/24/20

  4. To Governor 2/18/20 - House Journal

  5. To Governor 2/18/20 - Senate Journal

  6. To Governor 2/18/20

  7. House Message received

  8. Completed legislative action

  9. Communicated to Senate

  10. Passed House (Roll No. 135)

  11. Read 3rd time

  12. From House Calendar, 3rd reading, placed on Special Calendar

  13. On 3rd reading, House Calendar

  14. From Special Calendar, 3rd reading, placed on House Calendar

  15. On 3rd reading, Special Calendar

  16. Read 2nd time

  17. On 2nd reading, Special Calendar

  18. Read 1st time

  19. On 1st reading, Special Calendar

  20. Do pass

  21. To House Judiciary

  22. To Judiciary

  23. Introduced in House

  24. Ordered to House

  25. Passed Senate (Roll No. 3)

  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. Committee substitute reported

  33. To Judiciary

  34. Introduced in Senate

  35. To Judiciary

  36. Filed for introduction

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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 98 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 25000
Unaffiliated 68002
Democrat 5000
Total 98002
% of votes cast 98%0%0%2%
How each member voted (100)
Member Party Vote
Kessinger — Yea
Rowan — Yea
Angelucci — Yea
Espinosa — Yea
Kump — Yea
Rowe — Yea
Atkinson — Yea
Evans — Yea
Lavender-Bowe — Yea
Shott — Yea
Fast — Yea
Little — Yea
Skaff — Yea
Barnhart — Yea
Fleischauer — Yea
Longstreth — Yea
Sponaugle — Yea
Lovejoy — Yea
Staggers — Yea
Foster — Yea
Mandt — Yea
Steele — Yea
Bates — Yea
Graves — Yea
Storch — Yea
Bibby — Yea
Hamrick — Yea
Summers — Yea
Boggs — Yea
Hanna — Yea
Maynard — Yea
Swartzmiller — Yea
Brown, N. — Yea
Sypolt — Yea
Brown, S. — Yea
Hardy — Yea
Miley — Yea
Thompson, C. — Yea
Hartman — Yea
Thompson, R. — Yea
Byrd — Yea
Hicks — Yea
Nelson — Yea
Tomblin — Yea
Cadle — Yea
Higginbotham — Yea
Pack — Yea
Hill — Yea
Paynter — Yea
Walker — Yea
Canestraro — Yea
Pethtel — Yea
Waxman — Yea
Capito — Yea
Phillips — Yea
Westfall — Yea
Caputo — Yea
Householder — Yea
Porterfield — Yea
Wilson — Yea
Cowles — Yea
Pyles — Yea
Jeffries, J. — Yea
Zukoff — Yea
Robinson — Yea
Diserio — Yea
Rodighiero — Yea
Doyle — Yea
Estep-Burton — Not Voting
Linville — Not Voting
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 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 31 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 29003
Total 31003
% of votes cast 91%0%0%9%
How each member voted (34)
Member Party Vote
LINDSAY — Yea
SMITH — Yea
BALDWIN — Yea
MANN — Not Voting
STOLLINGS — Yea
BEACH — Yea
MARONEY — Not Voting
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 — Not Voting
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 46?
SB 46 is sponsored by Patricia Rucker (Republican).
What is the current status of SB 46?
This bill has been enacted into law. Introduced January 08, 2020. Enacted.
Where can I track SB 46?
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Last checked for changes 3 months ago · updated continuously

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