This bill amends various sections of the West Virginia Code to enhance the legal framework surrounding domestic violence. It clarifies the definition of "domestic violence" by stating that defensive measures taken by a person to protect themselves from acts of violence are not considered domestic violence. The bill introduces a $150 surcharge for convictions involving domestic violence, which will fund licensed domestic violence programs, and increases penalties for acts of strangulation, suffocation, and asphyxiation against family or household members. It also establishes stricter bail requirements for domestic violence offenses, emphasizing victim and community safety.

Additionally, the bill establishes the Joanna Phillips Domestic Violence Prevention Act, which enhances penalties for specific acts of domestic violence and modifies bail requirements. It allows judicial officers to modify release conditions after notice and hearing and mandates the presence of both the prosecuting attorney and defense counsel at bail hearings unless waived by the defendant. The bill also prohibits judicial officers from recommending surety services from relatives, aiming to strengthen the legal framework surrounding domestic violence cases and ensure a fair judicial process.

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