The bill amends sections 61-2-9d and 61-2-28 of the West Virginia Code to clarify the definition of "domestic violence" and to establish increased criminal penalties for specific acts of violence. It defines terms such as "bodily injury," "strangle," "suffocate," and "asphyxiate," and outlines the penalties for individuals who engage in these acts without consent, particularly against family or household members. The penalties range from fines and imprisonment for one to five years for general offenses, to two to ten years for offenses involving family members or during the commission of other felonies. Additionally, repeat offenders face harsher penalties, with imprisonment ranging from three to 15 years for those previously convicted of similar offenses.

The bill also revises the penalties for domestic battery and domestic assault, increasing the potential jail time and fines for repeat offenders. Specifically, individuals convicted of a second offense of domestic assault or battery face confinement of 60 days to one year and fines up to $4,000, while third or subsequent offenses can result in felony charges with imprisonment of two to ten years and fines up to $5,000. The bill ensures that law enforcement officers are protected from civil or criminal actions for arrests made under these provisions, thereby reinforcing the legal framework for addressing domestic violence in West Virginia.

Statutes affected:
Introduced Version: 48-27-202, 61-2-9d, 61-2-28, 62-1C-1a
Committee Substitute: 61-2-9d, 61-2-28, 62-1C-1a
Engrossed Committee Substitute: 61-2-9d, 61-2-28, 62-1C-1a
Enrolled Committee Substitute: 61-2-9d, 61-2-28