The Senate Judiciary Committee met on Wednesday afternoon and advanced two bills regarding creating felony penalties for threats using electronics and the Second Amendment Reaffirmation and Protection Act.

Senate Bill 478 would establish the Second Amendment Reaffirmation and Protection Act.

This bill would require that if federal gun laws such as the National Firearms Act (1934), Gun Control Act (1968), or the Firearm Owner’s Protection Act (1986) are repealed by Congress or deemed unconstitutional by a court, West Virginia law automatically protects people’s right to own and use guns without restrictions being placed despite federal law restrictions.

This bill would prevent state agencies or local government from enforcing or funding any firearm regulations that reflect federal gun laws that have been repealed or ruled unconstitutional.

State and local officials would be prohibited from replacing former federal firearm restrictions with new state or local rules.

Senator Eric J. Tarr (R – Putnam, 04) proposed a conceptual amendment to remove language in the bill referencing a “cause of action”, citing concerns that it could expose West Virginia taxpayers to legal liability and increased litigation costs.

Opposing members of the body argued that the cause of action serves as the bill’s enforcement mechanism, allowing individuals to protect their constitutional rights if infringed upon by the federal government.

Following the discussion, the Senator’s amendment was rejected.

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 473 would create felony penalties for criminal threats made through electronic devices.

This bill would change current law by making it a felony instead of a misdemeanor for using phones, tablets, computers, gaming devices, or other electronic devices to harass, threaten, or intimidate individuals, especially when those threats involve violence.

Violent threats made through an electronic device must cause one of the following to happen for it to be a felony:

•  An evacuation of any building, place of assembly, or facility of public transportation
• Serious public fear, panic, or disruption
• Or is made with reckless disregard for the risk of causing serious public harm or inconvenience.

The individual would be guilty of a felony and serve 2-10 years in a state correctional facility.

Senator Ryan Weld (R – Brooke, 01) proposed an amendment to the language of the bill, adding the term “with the intent” to the legislation, to acknowledge that if an individual makes a threat, they must have the intention to do harm as well.

The amended section would read:

“Any person who uses a computer, mobile phone, personal digital assistant, gaming device, or other electronic communication device with the intent to threaten to commit any crimes of violence against another person or persons.”

The Senator’s amendment was adopted.

The bill, as amended, was reported to the full Senate with a recommendation of passage.

The Senate School Choice Committee met on Wednesday afternoon and advanced two bills regarding requirements for private, parochial, or church schools and the Academics in Rural Schools Act.

Senate Bill 683 would remove certain requirements from kindergarten, preschool, or school education programs operated by a church, parochial, or private school.

This bill would require church-run kindergartens and preschools to be exempt from childcare licensing, certification, approval, and registration requirements; recognized by the state education department under policy 2330.

Some of the following requirements schools would NOT be exempt from include:

* Fire and building safety codes
* Health department rules
* Background checks
* General child safety laws

Senate Bill 63 would create opportunities for the Academics in Rural Schools Act.

This bill would create an application for establishing a new public charter school, convert a public school into a public charter school, or establish a program conversion public charter school.

Each application shall contain the following to be considered:

* A mission statement, including a specialized academic focus.
* Detailed description of the public charter school’s proposed program.
* Student achievement goals for the program.
* Data using plan from student evaluations and assessments.
* Chosen methods of evaluating whether students are attaining the skills and knowledge for specific goals.

The bill is intended to support rural communities by providing access to local schools and preventing unnecessary consolidation while offering financial support to in-person charter schools serving geographically remote areas.

Both bills were reported to the full Senate with a recommendation of passage, first being reported to the committee on Finance.

Senate Committee on Health and Human Resources met Tuesday afternoon and advanced a bill regarding banning abortion pills.

Senate Bill 173 would prohibit the trafficking and dispensing of chemical abortion pills into West Virginia.

The legislation would amend the West Virginia Unborn Child Protection Act by adding provisions that specifically target “abortifacients”—chemical or drug agents used to terminate pregnancy. The bill defines an abortifacient as “any chemical or drug prescribed or dispensed with the intent of causing an abortion.”

According to the bill’s language, a person or entity would be guilty of performing or attempting to perform an abortion with an abortifacient if they knowingly and willfully:

• Send an abortifacient to a person in West Virginia by courier, delivery, or mail service
• Place an abortifacient into the stream of commerce knowing it will be used in or sent to West Virginia
• Prescribe an abortifacient to a person in West Virginia, regardless of whether the prescriber is located in the state
• Disseminate an abortifacient in West Virginia without a lawfully valid prescriptio

The bill establishes different penalties based on who commits the offense:

For non-medical professionals: A felony conviction with imprisonment in a state correctional facility for 3-10 years.

For licensed medical professionals: Subject to disciplinary action by the applicable licensing board. If found to have knowingly and willfully violated the law, the medical professional’s license shall be revoked.

The legislation specifically states that “a woman who unlawfully receives an abortifacient” cannot be charged with or convicted of a criminal offense related to her own unborn child.

The bill would also create a civil cause of action, allowing a pregnant woman or her family members to sue anyone who knowingly and willfully violates the prohibition. If a claimant prevails, they may receive:

• Injunctive relief preventing future violations
• Damages of $10,000 for each abortion that was knowingly and willfully performed or attempted

Notably, an indictment or conviction is not required to establish liability in a civil action.

The bill provides limited exceptions:

• Pharmacies fulfilling lawfully valid prescriptions issued by licensed medical professionals in West Virginia
• Physicians providing medical procedures or services for legitimate medical reasons to a pregnant woman that result in accidental or unintentional physical injury to or death of the unborn child

Originally, the bill required that within one year of initial licensure, all licensed medical professionals complete two hours of continuing medical education regarding “the dangers of the abortion pill and the efficacy of the abortion pill reversal.” Senator Tom Takubo (R-Kanawha, 17) successfully amended the bill to change the continuing education piece to an attestation and a signed affidavit stating the medical professional knows that the anti-abortion law is codified in West Virginia.

The legislation now advances to the Senate Judiciary committee for further consideration.