HB 5101
The Joanna Phillips Domestic Violence Prevention Act
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, the Joanna Phillips Domestic Violence Prevention Act, aims to strengthen the legal framework surrounding domestic violence in West Virginia. It clarifies the definition of "domestic violence," establishes a surcharge for trials involving domestic violence, increases penalties for specific acts of domestic violence, including strangulation and aggravated assault, and modifies bail requirements for such cases. The bill seeks to provide clearer legal definitions and harsher consequences for offenders, ultimately aiming to protect victims of domestic violence.
Key provisions
- Clarifies the definition of "domestic violence" to include acts like harassment, psychological abuse, and threats.
- Creates a surcharge for trials involving domestic violence cases.
- Increases penalties for acts of domestic violence, including strangulation and aggravated assault.
- Modifies bail requirements for domestic violence cases, potentially allowing for higher bail amounts in certain circumstances.
- Defines ‘strangulation,’ ‘suffocation,’ and ‘asphyxiation’ for legal purposes.
- Addresses repeat offenders by increasing penalties for subsequent convictions.
- Establishes a process for judicial officers to determine appropriate release conditions.
- Provides a mechanism for domestic violence programs to receive funds from surcharge revenue.
Who is affected
- Victims of domestic violence
- Family members and household members
- Law enforcement officers
- Judges and court personnel
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